Summary
dismissing case without prejudice as malicious under 28 U.S.C. § 1915(e)(B) for abuse of the judicial process
Summary of this case from Casey v. Internal Revenue Serv.Opinion
Case No. 3:13cv92/RV/CJK
03-11-2013
BRIAN M. CASEY, Plaintiff, v. MICHAEL D. CREWS, Defendants.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated February 27, 2013. (Doc. 6). 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 (doc. 7), 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 case is DISMISSED WITHOUT PREJUDICE as malicious under 28 U.S.C. § 1915(e)(2)(B)(i) for plaintiff's abuse of the judicial process.
3. The clerk is directed to close the file.
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ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE