Opinion
Case No. 3:11cv411/LAC/CJK.
October 26, 2011
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated October 13, 2011. (Doc. 7). The parties have been furnished a copy of the Report and Recommendation and have 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 objections filed.
Having considered the Report and Recommendation, and the timely filed objections thereto, 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 cause is DISMISSED WITHOUT PREJUDICE as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) for plaintiff's abuse of the judicial process.
3. All pending motions are DENIED as moot.
4. The clerk is directed to close the file.
DONE AND ORDERED