Opinion
Case No.: 3:09cv143/MCR/EMT.
May 5, 2009
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated April 14, 2009 (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 any timely filed objections.
Having considered the report and recommendation, and any objections thereto timely filed, 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.
3. All pending motions are DENIED as moot. DONE AND ORDERED.