YOUNG v. KELLY et al

Filing 8

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - The magistrate judge's report and recommendation (ECF No. 7 ) is ADOPTED and incorporated into this order by reference. The clerk shall enter judgment stating: "All claims are dismissed without prejudice." The clerk shall close the case. Signed by SENIOR JUDGE WILLIAM STAFFORD on 5/9/24. (sjb)

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UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORID
TALLAHASSEE DIVISION

DA’VHON YOUNG,
Plaintiff,
v.

4:24cv87–WS/MJF

ROBERT KELLY, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge’s report and recommendation (ECF
No. 7) docketed March 27, 2024. The magistrate judge recommends that this case
be dismissed without prejudice for maliciousness and abuse of the judicial process
based upon Plaintiff’s failure to disclose his litigation history completely and
honestly. Plaintiff has filed no objections to the report and recommendation.
Having reviewed the record, the court has concluded that the magistrate
judge’s report and recommendation should be adopted. Accordingly, it is
ORDERED:
1. The magistrate judge’s report and recommendation (ECF No. 7) is

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ADOPTED and incorporated into this order by reference.
2. This action is DISMISSED WITHOUT PREJUDICE pursuant to 28
U.S.C. §§ 1915(e)(2)(B)(i) and 1915A(b)(1) based on Plaintiff’s failure to
truthfully and completely disclose his prior litigation history.
3. The clerk shall enter judgment stating: “All claims are dismissed without
prejudice.”
4. The clerk shall close the case.
DONE AND ORDERED this 9th

day of

May

, 2024.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE