WARNER v. CAMPBELL

Filing 9

ORDER ON REPORT AND RECOMMENDATION; ADOPTING 7 Report and Recommendations. Signed by CHIEF JUDGE STEPHAN P MICKLE on 3/11/2011. This case is dismissed with prejudice as malicious for failing todisclose all prior cases and becaus e Plaintiff already had this claim dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2). The clerk shall note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Plaintiff remains responsible for paying the filing fee in this case in accordance with the Order Granting Leave to Prcoeed In Forma Pauperis. Doc. 9 . (kdm)

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION MARTIN WARNER, Plaintiff, v. SHERIFF LARRY CAMPBELL, Defendant. ____________________________/ ORDER THIS CAUSE comes for consideration upon the magistrate judge's report and recommendation dated March 1, 2011. Doc. 7. Plaintiff has been furnished a copy and has filed objections pursuant to Title 28, United States Code, Section 636(b)(1). Doc. 8. Despite the objections, I have determined that the report and recommendation is correct and should be adopted. Accordingly, it is ORDERED AND ADJUDGED: 1. The magistrate judge's report and recommendation (doc. 7) is CASE NO. 4:11cv20-SPM/WCS

ADOPTED and incorporated by reference in this order. 2. This case is dismissed with prejudice as malicious for failing to

disclose all prior cases and because Plaintiff already had this claim dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §

Page 2 of 2

1915(e)(2). 3. The clerk shall note on the docket that this case was dismissed

pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). 4. Plaintiff remains responsible for paying the filing fee in this case in

accordance with the Order Granting Leave to Prcoeed In Forma Pauperis. Doc. 9. DONE AND ORDERED this 11th day of March, 2011.

s/ Stephan P. Mickle
Stephan P. Mickle Chief United States District Judge

CASE NO. 4:11cv20-SPM/WCS