JOHNSON v. MCNEIL

Filing 35

ORDER adopting 31 Report and Recommendation ; granting 27 Motion to Dismiss Case as Frivolous. Signed by CHIEF JUDGE M CASEY RODGERS on 2/17/2012. Plaintiffs amended complaint (doc. 7 ) is DISMISSED without prejudice for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997(e) and for abuse of the judicial process. The dismissal of this case shall count as a strike pursuant to 28 U.S.C. § 1915(g). (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
ANDREW ROMEO JOHNSON,
Plaintiff,
v.

CASE NO. 4:10cv513-MP-WCS

WARDEN PIPPEN,
Defendant.
_____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge's Report and
Recommendation dated October 21, 2011. (Doc. 31). The parties have been furnished
a copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de
novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

Defendant's motion to dismiss (doc. 27) is GRANTED.

3.

Plaintiff’s amended complaint (doc. 7) is DISMISSED without prejudice for

failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997(e) and for abuse
of the judicial process. The dismissal of this case shall count as a strike pursuant to 28
U.S.C. § 1915(g).
DONE and ORDERED this 17th day of February, 2012.
s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE