Allen v. Barnes

Filing 4

ORDER ADOPTING 3 REPORT AND RECOMMENDATION as set out. Plf's 2 MOTION for Leave to Proceed in forma pauperis is DENIED, & this action is DISMISSED w/o prejudice as set out. Signed by Chief Judge Callie V. S. Granade on 5/13/09. (copy mailed to Plf on 5/14/09) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TRACY GERARD ALLEN, # 129732, Plaintiff, vs. DR. BARNES, Defendant. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that plaintiff's motion to proceed without prepayment of fees (Doc. 2) be and is hereby DENIED. It is further ORDERED that this action be and is hereby DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). DONE and ORDERED this 13th day of May, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE CIVIL ACTION 09-0137-CG-C