MITCHELL v. MILLER et al.

Filing 14

ORDER ADOPTING 12 REPORT AND RECOMMENDATION. This case is DISMISSED WITHOUT PREJUDICE as malicious under 28 U.S.C. §1915(e)(2)(B)(i) for plaintiff's abuse of the judicial process. The Clerk is directed to close the file. 1915_1 flag set. Signed by SENIOR JUDGE LACEY A COLLIER on 12/3/2013. (sdw)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
ANDREW MITCHELL,
Plaintiff,
v.

Case No. 5:13cv179/LC/CJK

L. MILLER, et al.,
Defendants.
________________________/
ORDER
This cause comes on for consideration upon the magistrate judge’s Report and
Recommendation dated November 18, 2013 (doc. 12). Plaintiff has been furnished a copy of the
Report and Recommendation and has 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 the timely
filed objections.
Having considered the Report and Recommendation, and the objections thereto 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.

This case is DISMISSED WITHOUT PREJUDICE as malicious under 28 U.S.C.

§1915(e)(2)(B)(i) for plaintiff’s abuse of the judicial process.
3.

The Clerk is directed to close the file.

DONE AND ORDERED this 3rd day of December, 2013.

s /L.A. Collier
LACEY A. COLLIER
SENIOR UNITED STATES DISTRICT JUDGE