Lee v. G.K. Fountain Disciplinary Court et al(INMATE 2)

Filing 4

ORDER adopting 3 Recommendation of the Magistrate Judge; that the complaint under 42 U.S.C. § 1983, is DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915(g); and that a separate judgment shall issue. Signed by Honorable Ira De Ment on 9/1/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION GREGORY KENNETH LEE, # 184070, Plaintiff, v. ) ) ) ) ) ) ) ) ) ) )

CASE NO. 2:09-cv-707-ID [WO]

G.K. FOUNTAIN DISCIPLINARY COURT, et al., Defendants.

ORDER The Magistrate Judge entered a Recommendation (Doc. #3) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Recommendation is hereby adopted. Accordingly, it is ORDERED that the complaint under 42 U.S.C. § 1983, be and the same is hereby DISMISSED without prejudice, pursuant to 28 U.S.C. § 1915(g), because Petitioner failed to pay the filing fee upon initiating this action and is not entitled to proceed in forma pauperis. A separate judgment shall issue.
Done this 1 st day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE