Opinion
Case No.: 3:05cv489/RV/MD.
February 1, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated January 3, 2005. The 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), and I have made a de novo determination of those portions to which an objection has been made.
Having considered the report and recommendation and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
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 $250.00 filing fee in its entirety.
DONE AND ORDERED.