KENDRICK v. BLACKWOOLS

Filing 4

ORDER adopting the magistrate judge's 3 Report and Recommendation and granting 2 Motion for Leave to Proceed in forma pauperis for the limited purpose of dismissing this action. This action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious. The clerk shall close the file. Signed by CHIEF JUDGE M CASEY RODGERS on 11/16/2017. (djb)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION LARRY LEON KENDRICK, Plaintiff, v. CASE NO. 5:17cv252-MCR-CJK WARDEN J. BLACKWOOD; B. TYLER, CAPTAIN, and E. KNOBEL, CORRECTIONAL OFFICER, Defendants. ___________________________/ ORDER This cause comes on for consideration upon the magistrate judge’s Report and Recommendation dated October 11, 2017. ECF No. 3. 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 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. Page 2 of 2 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 motion to proceed in forma pauperis, ECF No. 2, is GRANTED for the limited purpose of dismissing this action. 3. This action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) as malicious. 4. The clerk shall close the file. DONE AND ORDERED this 16th day of November 2017. s/ M. Casey Rodgers M. CASEY RODGERS CHIEF UNITED STATES DISTRICT JUDGE Case No. 5:17cv252-MCR-CJK

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