Opinion
Case No. 4:17cv330-MW/GRJ
08-25-2017
OMAR T. ALSTON, Plaintiff, v. E. BELLAMY, Defendant.
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 4, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. 7. Accordingly,
IT IS ORDERED:
The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. The Clerk shall enter judgment stating, "Plaintiff's Complaint, ECF No. 1, is DISMISSED without prejudice as malicious for abuse of the judicial process. The dismissal of this case as malicious shall operate as a "strike" pursuant to 28 U.S.C. § 1915(g). The motion for leave to proceed as a pauper, ECF No. 2, is DENIED. Plaintiff's Motion Requesting Permission for Leave to File an Amended Complaint, ECF No. 8, is DENIED. Plaintiff's second motion for leave to proceed as a pauper, ECF No. 9, is DENIED." The Clerk shall close the file.
SO ORDERED on August 25, 2017.
s/ Mark E. Walker
United States District Judge