WHISBY v. DOE

Filing 7

ORDER adopting 5 Report and Recommendations. 1. The Magistrate Judge's Order and Report and Recommendation is adopted and incorporated in this Order. 2. This case is dismissed without prejudice to its re-filing when accompanied by the payment of the full $350.00 fling fee. 3. The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 8/24/2010. (jcw)

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

KELLY WHISBY, Plaintiff, vs. JOHN DOE, Lieutenant of Marianna Federal Prison, et al, Defendants. __________________________________/ ORDER Before me are the Magistrate Judge's Order and Report and Recommendation (Doc. 5) and Plaintiff's Motion to Reconsider The Court's Order Denying Permission To Proceed In Forma Pauperis (Doc. 6) which will be considered as objections. I have considered Plaintiff's objections de novo. IT IS ORDERED: 1. The Magistrate Judge's Order and Report and Recommendation is adopted and incorporated in this Order. 2. This case is dismissed without prejudice to its re-filing when accompanied by the payment of the full $350.00 fling fee. 3. The clerk is directed to close the file. CASE NO. 5:10cv173/RS-MD

ORDERED on August 24, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE