SOUTH v. RODRIGUEZ, et al

Filing 9

ORDER OF DISMISSAL - Denying 2 Motion for Leave to Proceed in forma pauperis; Adopting 7 Amended Report and Recommendation. The plaintiff's complaint and this action are DISMISSED for abuse of the judicial process, for failure to prosecute, and for failure to provide the court with a valid mailing address. "All claims are dismissed without prejudice." Dismissal of the plaintiff's case shall operate as a "strike" pursuant to 28 U.S.C. §1915(g). Signed by SENIOR JUDGE WILLIAM STAFFORD on 3/21/2013. (dlt)

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

MARION DALLAS SOUTH,
Plaintiff,
v.

4:12cv303-WS

DR. STELLA RODRIGUEZ, et al.,
Defendants.

ORDER OF DISMISSAL
Before the court is the magistrate judge's report and recommendation (doc. 7)
docketed February 25, 2013. The magistrate judge recommends that the plaintiff's case
be dismissed without prejudice for abuse of the judicial process and for failure to
prosecute. The plaintiff’s copy of the report and recommendation was returned to the
court as undeliverable. Doc. 8.
Upon review of the record, this court has determined that the magistrate judge’s
report and recommendation should be adopted. Accordingly, it is ORDERED:
1. The magistrate judge's amended report and recommendation (doc. 7) is
hereby ADOPTED and incorporated by reference into this order.
2. The plaintiff's motion (doc. 2) for leave to proceed in forma pauperis is
DENIED.

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3. The plaintiff's complaint and this action are DISMISSED for abuse of the
judicial process, for failure to prosecute, and for failure to provide the court with a valid
mailing address.
3. The clerk shall enter judgment stating: "All claims are dismissed without
prejudice."
4. Dismissal of the plaintiff's case shall operate as a "strike" pursuant to 28
U.S.C. §1915(g).
DONE AND ORDERED this

21st

day of

March

, 2013.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE

Case No. 4:12cv303-WS