NIEBLA v. WALTON CORRECTIONAL INSTITUTION

LACEY COLLIER, District Judge

This cause comes on for consideration upon the magistrate judge's report and recommendation dated June 28, 2006. 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 ade novo determination of objections filed (doc 4).

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's initiating a new cause of action accompanied by payment of the $350.00 filing fee in its entirety.

DONE AND ORDERED.