Wallace v. Bryant (INMATE 2)(JOINT ASSIGN)

Filing 6

ORDERED as follows: 1) Plf James Edward Wallace's 5 objection is OVERRULED; 2) The 4 Recommendation of the Magistrate Judge is ADOPTED; 3) Plf's 2 motion for leave to proceed in forma pauperis is DENIED; and 4) This case is DISMISSED without prejudice for Plf's failure to pay the filing and administrative fees upon initiation of the case. Signed by Chief Judge William Keith Watkins on 6/29/2017. (furn: cashier) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES EDWARD WALLACE,
Plaintiff,
v.
PHIL BRYANT,
Defendant.

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CASE NO. 2:17-CV-292-WKW
[WO]

ORDER
Before the court is the Recommendation of the Magistrate Judge (Doc. # 4),
to which Plaintiff James Edward Wallace has filed objections (Doc. # 5). The court
has conducted an independent and de novo review of those portions of the
Recommendation to which objection is made. See 28 U.S.C. § 636(b).
Mr. Wallace brings only one relevant objection: 1 his claim that he is under
imminent danger of serious physical injury. As a basis for this claim, he points not
to individualized concerns or particularized facts, but rather to “all the killings,
stabing [sic] here at this max facility.” (Doc. # 5 at 2.) Such “vague statements do
not satisfy the dictates of § 1915(g).” Skillern v. Paul, 202 F. App’x 343, 344 (11th

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Mr. Wallace also makes several objections that are irrelevant to the Magistrate Judge’s
recommended disposition of dismissal under 28 U.S.C. § 1915(g). These objections are without
merit and will not be considered.

Cir. 2006). Without identifying specific facts that show an impending threat of
serious physical harm, Mr. Wallace cannot avoid application of the PLRA’s threestrikes rule, and cannot proceed in forma pauperis.
Accordingly, it is ORDERED as follows:
1.

Plaintiff James Edward Wallace’s objection (Doc. # 5) is

OVERRULED;
2.

The Recommendation of the Magistrate Judge (Doc. # 4) is

ADOPTED;
3.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. # 2) is

DENIED; and
4.

This case is DISMISSED without prejudice for Plaintiff’s failure to pay

the filing and administrative fees upon initiation of the case.
A final judgment will be entered separately.
DONE this 29th day of June, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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