JEFFERSON v. FLOYD

Filing 8

ORDER ADOPTING THE MAGISTRATE JUDGE'S 5 REPORT AND RECOMMENDATION. DENYING 2 Motion for Leave to Proceed in forma pauperis. The plaintiff's complaint and this action are DISMISSED as an abuse of the judicial process. The clerk shall enter judgment and shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and as barred by § 1915(g). Signed by SENIOR JUDGE WILLIAM STAFFORD on 3/30/11. (pll)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

ALBERT JEFFERSON, Plaintiff, v. JAY FLOYD, DANICA POLLOCK, and AMBER VARGAS, Defendants. 4:11cv48-WS

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the court is the magistrate judge's report and recommendation docketed February 9, 2011. See Doc. 5. The magistrate judge recommends that the plaintiff's complaint and this case be dismissed as an abuse of the judicial process. The plaintiff has filed no objections to the magistrate judge's report and recommendation. This court having considered the record, it is ORDERED: 1. The magistrate judge's report and recommendation (doc. 5) is hereby ADOPTED and incorporated by reference into this order. 2. The plaintiff's motion for leave to proceed in forma pauperis (doc. 2) is DENIED pursuant to 28 U.S.C. § 1915(g) because he has had more than three "strikes" under 28 U.S.C. § 1915(e). 3. The plaintiff's complaint and this action are DISMISSED as an abuse of the

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judicial process. 3. The clerk shall enter judgment accordingly and shall note on the docket that this cause was dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and as barred by § 1915(g). DONE AND ORDERED this 30th day of March , 2011.

s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE

Case No. 4:11cv48-WS