BROWN v. INCH
ORDER ADOPTING REPORT AND RECOMMENDATION: The report and recommendation, ECF No. 17 , is accepted and adopted, over the Petitioners objections, as this Courts opinion. The Clerk shall enter judgment and close the file. Signed by CHIEF JUDGE MARK E WALKER on 11/19/2021. (tpm)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
Case No.: 4:21cv281-MW/MJF
ORDER ADOPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge’s Second
Report and Recommendation, ECF No. 17, and has also reviewed de novo
Petitioner’s objections, ECF No. 18. This Court agrees that based on Petitioner’s
pattern of abuse of the judicial process, dismissal with prejudice is an appropriate
sanction for Petitioner’s bad faith. Moreover, Petitioner has been warned of
dismissal as a possible sanction and afforded multiple opportunities to be heard. See,
e.g., ECF No. 7 (recommending dismissal as sanction); ECF No. 8 (objections to
first report and recommendation); ECF No. 9 (this Court’s order rejecting first report
and recommendation based on objections and remanding to magistrate judge); ECF
No. 17 (recommending dismissal as sanction); ECF No. 18 (objections to second
report and recommendation).
IT IS ORDERED:
The report and recommendation, ECF No. 17, is accepted and adopted, over
the Petitioner’s objections, as this Court’s opinion. The Clerk shall enter judgment
stating, “This case is DISMISSED with prejudice, pursuant to 28 U.S.C. §§
1915A(b)(1) and 1915(e)(2)(B)(i), for maliciousness and abuse of the judicial
process.” The Clerk shall close the file.
SO ORDERED on November 19, 2021.
s/Mark E. Walker
Chief United States District Judge
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