MARTS v. YU et al

Filing 7

ORDER ON 4 REPORT AND RECOMMENDATION: Adopting R&R - Plaintiffs 1 Complaint is DISMISSED without prejudice as malicious, pursuant to 28 U.S.C. § 1915(e)(2)(B)(I). The dismissal of this case shall count as a strike pursuant to 28 U.S.C. § 1915(g). Signed by CHIEF JUDGE M CASEY RODGERS on 12/5/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
SIDNEY MARTS,
Plaintiff,
v.

CASE NO. 5:11cv285-MP/EMT

ALBERT YU, et al.,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the magistrate judge's Report and
Recommendation dated August 30, 2011. (Doc. 4). The parties have been furnished a
copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de
novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.

The magistrate judge’s Report and Recommendation is adopted and

incorporated by reference in this order.
2.

Plaintiff’s Complaint (doc. 1) is DISMISSED without prejudice as malicious,

pursuant to 28 U.S.C. § 1915(e)(2)(B)(I). The dismissal of this case shall count as a strike
pursuant to 28 U.S.C. § 1915(g).
DONE and ORDERED this 5th day of December, 2011.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE