TIDWELL v. JONES et al
Filing
16
ORDER ACCEPTING REPORT AND RECOMMENDATION - The 14 report and recommendation is accepted and adopted, over Plaintiff's 15 objections, as this Court's opinion. The Clerk shall enter judgment stating, "This case is DISMISSED without prejudice as malicious for abuse of the judicial process pursuant to 28 U.S.C. § 1915A(b)." The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 2/6/18. (ckm)
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
HELEN K. TIDWELL,
Plaintiff,
v.
Case No. 4:17cv514-MW/GRJ
JULIE JONES, et al.,
Defendants.
_________________________/
ORDER ACCEPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 14, and has also reviewed de novo Plaintiff’s objections
to the report and recommendation, ECF No.15. In her objections, plaintiff indicates
that “her condition is painful and obstructs her everyday life.” ECF No. 15 at 1.
This Court is aware of the exception for a plaintiff who alleges an imminent threat
of serious physical injury. Medberry v. Butler, 185 F.3d 1189, 1193 (11th Cir.1999).
However, plaintiff’s allegations do not rise to this level. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's
objections, as this Court’s opinion. The Clerk shall enter judgment stating, “This
1
case is DISMISSED without prejudice as malicious for abuse of the judicial process
pursuant to 28 U.S.C. § 1915A(b).” The Clerk shall close the file.
SO ORDERED on February 6, 2018.
s/Mark E. Walker
____
United States District Judge
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