MCCANT v. CLARK et al

Filing 5

ORDER OF DISMISSAL - The magistrate judge's report and recommendation (doc. 4 ) is ADOPTED and incorporated into this order by reference. The plaintiff's complaint and this action are DISMISSED without prejudice unde r 28 U.S.C. § 1915(e) for abuse of the judicial process. This dismissal will operate as a "strike" pursuant to 28 U.S.C. § 1915(g). The clerk shall enter judgment stating: "All claims are dismissed without prejudice." The plaintiff's motion (doc. 2 ) for leave to proceed in forma pauperis is DENIED. Signed by SENIOR JUDGE WILLIAM STAFFORD on 6/19/2017. (tdl)

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Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION BRONWYN LASALL FORD McCANT, Plaintiff, v. 4:17cv215-WS/GRJ CAPTAIN J. CLARK, et al., Defendants. ORDER OF DISMISSAL Before the court is the magistrate judge's report and recommendation (doc. 4) docketed May 17, 2017. The magistrate judge recommends that the plaintiff's complaint and this case be dismissed for abuse of the judicial process under 28 U.S.C. § 1915(e) based on the plaintiff's failure to disclose his prior litigation history. The plaintiff has filed no objections to the magistrate judge’s report and recommendation. Having reviewed the record, this court has determined that the magistrate judge’s report and recommendation is due to be adopted. Accordingly, it is ORDERED: Page 2 of 2 1. The magistrate judge’s report and recommendation (doc. 4) is ADOPTED and incorporated into this order by reference. 2. The plaintiff’s complaint and this action are DISMISSED without prejudice under 28 U.S.C. § 1915(e) for abuse of the judicial process. This dismissal will operate as a “strike” pursuant to 28 U.S.C. § 1915(g). 3. The clerk shall enter judgment stating: “All claims are dismissed without prejudice.” 4. The plaintiff’s motion (doc. 2) for leave to proceed in forma pauperis is DENIED. DONE AND ORDERED this 19th day of June , 2017. s/ William Stafford WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE

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