Opinion
4:22cv445-MW/MAF
02-13-2023
JAMES LEE BALLARD, Plaintiff, v. STATE OF FLORIDA, Defendant.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION
MARK E. WALKER, CHIEF UNITED STATES DISTRICT JUDGE
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation. ECF No. 7. Rather than filing objections to the Report and Recommendation, Plaintiff has filed a notice of appeal of this non-final order to the Eleventh Circuit. ECF No. 9. Notwithstanding Plaintiff's appeal of this non-final order, this Court is not divested of jurisdiction. Accordingly, upon consideration, no objections having been filed by the parties, IT IS ORDERED:
The report and recommendation, ECF No. 7, is accepted and adopted as this Court's opinion. The Clerk shall enter judgment stating, “Plaintiff's claims are DISMISSED without prejudice to Plaintiff's refiling this case if he simultaneously submits the filing fee.” The Clerk is directed to note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(g) and close the file.
SO ORDERED.