Cole v. Doe

Full title: JEFFREY ALLEN COLE Plaintiff, v. JOHN DOE, et al., Defendants

Court: United States District Court, N.D. Florida, Panama City Division

Date published: May 21, 2008

Case No. 5:08cv138/RS/MD (N.D. Fla. May. 21, 2008)

Opinion

Case No. 5:08cv138/RS/MD.

May 21, 2008

ORDER and REPORT AND RECOMMENDATION

MILES DAVIS, Magistrate Judge

Plaintiff, a prisoner proceeding pro se, initiated this action on April 22, 2008 by filing a civil rights complaint under 42 U.S.C. § 1983 (doc. 1) and a motion to proceed in forma pauperis (doc. 2). On May 5, 2008 the undersigned entered an Order and Report and Recommendation granting leave to proceed in forma pauperis and recommending dismissal of this action as malicious for plaintiff's abuse of the judicial process (doc. 4).¹ Plaintiff has now filed an amended complaint (doc. 5), motion for leave to proceed in forma pauperis (doc. 6), and motion for preliminary injunction (doc. 7). These filings do not alter the previous Report and Recommendation.

1 As set forth in the Report and Recommendation, plaintiff falsely responded to questions on the complaint form concerning his litigation history.

Accordingly, it is ORDERED:

Plaintiff's second motion to proceed in forma pauperis (doc. 6) is DENIED as moot.

And it is respectfully RECOMMENDED:

1. That the May 5, 2008 Report and Recommendation be ADOPTED.

2. That plaintiff's motion for preliminary injunction (doc. 7) be DENIED as moot.

3. That the Clerk be directed to close the file.

NOTICE TO THE PARTIES

Any objections to these proposed findings and recommendations must be filed within ten days after being served a copy thereof.Any different deadline that may appear on the electronic docket is for the court's internal use only, and does not control. A copy of objections shall be served upon all other parties. Failure to object may limit the scope of appellate review of factual findings. See 28 U.S.C. § 636; United States v. Roberts, 858 F.2d 698, 701 (11^th Cir. 1988).