Moore v. Dinnerman et al (INMATE2)

Filing 5

ORDER ADOPTING 3 Report and Recommendations, that the Court finds that Plaintiff is subject to the "three strikes" provision of 28 U.S.C. § 1915(g). Accordingly, Plaintiff's complaint pursuant to 42 U.S.C. § 1983 is DISMISSED without prejudice due to his failure to pay the full filing fee upon the initiation of this case. Signed by Honorable Truman M. Hobbs on 1/28/2009. (cc, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION H O S E A R. MOORE, #201 099, P la in tif f , v. DR. WILLIAM DINNERMAN, et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv3-TMH ORDER T h e Magistrate Judge filed a Recommendation (Doc. #3) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #3) of the Magistrate Judge is A D O P T E D . The Court finds that Plaintiff is subject to the "three strikes" provision of 28 U .S .C . 1915(g). Accordingly, Plaintiff's complaint pursuant to 42 U.S.C. 1983 is D IS M IS S E D without prejudice due to his failure to pay the full filing fee upon the initiation o f this case. An appropriate judgment will enter. Done this 28th day of January, 2009. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE

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