Opinion
Case No.: 3:12cv227/MCR/CJK
04-02-2013
CHARLES BERNARD ROBINSON, JR., Plaintiff, v. R. TIFFT, et al., Defendants.
ORDER
Upon consideration of the Report and Recommendation of the Magistrate Judge filed on February 22, 2013 (doc. 30), pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing objections to the Recommendation, if any, the Recommendation is adopted as the opinion of the Court.
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. This case is DISMISSED WITHOUT PREJUDICE as malicious under 28 U.S.C. § 1915(e)(2)(B)(i) for plaintiff's abuse of the judicial process.
3. All pending motions are DENIED as moot.
4. The clerk is directed to close the file.
The plaintiff filed a second amended complaint on March 13, 2013. See doc. 32. He failed to obtain leave of court before doing so. See Fed. R. Civ. P. 15. Even if he had filed a motion for leave to file the amended complaint, the motion would be denied for the reasons set forth in the Report and Recommendation.
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M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE