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, )

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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

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