v. SMITH et al

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATION This case is dismissed with prejudice. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 3/29/2010. (sea)

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION

CHARLES JEROME SMITH, Plaintiff, vs. SHAW N BUTLER, et al, Defendants. ________________________________/ ORDER Before me is the Magistrate Judge's Report and Recommendation (Doc. 12). Plaintiff has not filed objections. IT IS ORDERED: 1. The Magistrate Judge's Report and Recommendation is adopted and incorporated by reference in this Order. 2. This case is dismissed without prejudice as malicious pursuant to 28 U.S.C. §1915(e)(2)(B)(i) because of Plaintiff's abuse of the judicial process. 3. The clerk is directed to close the file. CASE NO. 5:09cv230/RS-MD

ORDERED on March 29, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE