Niebla v. Florida Department of Corrections

Full title: JORGE L. NIEBLA, Plaintiff, v. FLORIDA DEPARTMENT OF CORRECTIONS, Defendant

Court: United States District Court, N.D. Florida, Pensacola Division

Date published: Jan 30, 2008

Case No. 3:07cv539/LAC/EMT (N.D. Fla. Jan. 30, 2008)

Opinion

Case No. 3:07cv539/LAC/EMT.

January 30, 2008

ORDER

LACEY COLLIER, District Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated December 31, 2007. 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). The Court has considered defendant's Motion for Review (doc 4), Motion for Reargument or Reconsideration (doc 5), Motion for Relief (doc 7), and Motion for Reargument (doc 9) as objections to the Magistrate's Report and Recommendation (doc 3). I have made a de novo determination of the objections filed.

Having considered the report and recommendation, and the 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. Pursuant to 28 U.S.C. § 1915(g), this cause is DISMISSED WITHOUT PREJUDICE to Plaintiff initiating a new cause of action accompanied by payment of the $350.00 filing fee in its entirety.

DONE AND ORDERED.