WHISBY v. DOE

Filing 6

ORDER ADOPTING 5 REPORT AND RECOMMENDATION this case is dismissed w/o prejudice to Plas filing a new complaint which must be accompanied by payment of the $350.00 filing fee in its entirety.The clerk is directed to close the file. Signed by JUDGE RICHARD SMOAK on 9/17/2010. (sea)

WHISBY v. DOE

Doc. 6

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 is the Magistrate Judge's Order, Report and Recommendation (Doc. 5). Plaintiff has not filed objections. IT IS ORDERED: 1. The Magistrate Judge's Order, Report and Recommendation is adopted and incorporated in this Order. 2. Pursuant to 28 U.S.C. §1915(g), this case is dismissed without prejudice to Plaintiff's filing a new complaint which must be accompanied by payment of the $350.00 filing fee in its entirety. 3. The clerk is directed to close the file. CASE NO. 5:10cv175/RS-EMT

ORDERED on September 17, 2010.

/S/ Richard Smoak RICHARD SMOAK UNITED STATES DISTRICT JUDGE

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