TATE v. JONES et al

Filing 6

ORDER ACCEPTING REPORT AND RECOMMENDATION. The 3 report and recommendation is accepted and adopted, over Plaintiff's 4 objections, as this Court's opinion. The Clerk shall enter judgment stating, "This case is s ummarily DISMISSED because Plaintiff did not pay the filing fee at the time of case initiation. Plaintiff is not entitled to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(g). The Clerk shall note the basis of dismissal on the docket." The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 02/22/2019. (toy)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JAMES L. TATE, JR., DOC # 874132, v. Plaintiff, Case No. 419cv5-MW/CAS 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. 3, and has also reviewed de novo Plaintiff’s objections to the report and recommendation, ECF No. 4.1 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 case is summarily DISMISSED because Plaintiff did not pay the filing fee at the time of case initiation. Plaintiff is not entitled to proceed in forma pauperis pursuant 1 Plaintiff’s document, ECF No. 4, is untitled. While Plaintiff states it an appeal to the Eleventh Circuit Court of Appeals, he also says it is a motion for objections to the Magistrate Judge’s Report and Recommendation. This Court has construed the document as Plaintiff’s objection to the Report and Recommendation. Should Plaintiff desire to appeal the decision of this Court’s present order, Plaintiff should file a notice of appeal after the entry of this order. 1 to 28 U.S.C. § 1915(g). The Clerk shall note the basis of dismissal on the docket.” The Clerk shall close the file. SO ORDERED on February 22, 2019. s/Mark E. Walker ____ Chief United States District Judge 2

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