Norton v. Smith

Full title: DWAYNE JAY NORTON, Plaintiff, v. SERGEANT SMITH, et al, Defendants

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

Date published: Aug 9, 2007

CASE NO. 5:07cv151/RS (N.D. Fla. Aug. 9, 2007)

Opinion

CASE NO. 5:07cv151/RS.

August 9, 2007

ORDER

RICHARD SMOAK, District Judge

Before me are the Magistrate Judge's Order, Report and Recommendation (Doc. 5) and Plaintiff's Motion Appealing Report An [sic] Recommendation (Doc. 9), which will be considered as objections. I have reviewed Plaintiff's objections de novo.

IT IS ORDERED:

1. The Magistrate Judge's Order, Report and Recommendation in adopted and incorporated by reference in this Order.

2. Pursuant to 28 U.S.C. § 1915(g), this case is dismissed without prejudice to Plaintiff's filing a new cause of action accompanied by payment of the $350.00 filing fee in its entirety.

3. Plaintiff's "Motion For Granting Leave Of Court To File 42 U.S.C. 1983" (Doc. 3) is denied.

4. The clerk is directed to close the file.

ORDERED.