Opinion
Case No.: 3:12cv565/RV/EMT
01-15-2013
ANTHONY D. GARLAND, Plaintiff, v. RALPH BUTLER, et al., Defendants.
ORDER
This cause comes on for consideration upon the magistrate judge's Report and Recommendation dated December 19, 2012 (doc. 9). Plaintiff has been furnished a copy of the Report and Recommendation and has 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 all timely filed objections.
Having considered the Report and Recommendation, and the timely filed objections thereto (doc. 13), 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. Pursuant to 28 U.S.C. § 1915(g), this cause is DISMISSED WITHOUT PREJUDICE to Plaintiff's initiating a new cause of action accompanied by payment of the $350.00 filing fee in its entirety.
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ROGER VINSON
SENIOR UNITED STATES DISTRICT JUDGE