COLLIER v. MCKEITHEN et al.

Filing 7

ORDER ADOPTING 5 REPORT AND RECOMMENDATION. This case is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious. The Clerk is directed to close this case and terminate all pending motions. Signed by JUDGE RICHARD SMOAK on 11/3/2014. (jcw)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
TRACY LASHOWN COLLIER,
Plaintiff,
v.

CASE NO. 5:14-cv-00226-RS-EMT

FRANK McKEITHEN, et al.,
Defendants.
_____________________________________/
ORDER
Before me is the Magistrate Judge’s Order, Report and Recommendation (Doc. 5).
I have reviewed the report and recommendation de novo.
I have also reviewed Plaintiff’s Objection to proposed Recommendation (Doc. 6).
Plaintiff contends that his failure to list several relevant previous actions on his affidavit
was a careless oversight. However, careless oversight is not a valid excuse for failure to
properly file the case, and I agree with the Magistrate Judge that dismissal without
prejudice is the appropriate sanction. Therefore,
IT IS ORDERED:
1. The Magistrate Judge’s Report and Recommendation is approved and
incorporated in this Order.
2. This case is DISMISSED WITHOUT PREJUDICE pursuant to 28
U.S.C. § 1915(e)(2)(B)(i) as malicious.

3. The Clerk is directed to close this case and terminate all pending
motions.

ORDERED on November 3, 2014.
/S/ Richard Smoak
RICHARD SMOAK
UNITED STATES DISTRICT JUDGE