Boyd et al v. Toney et al
ORDER adopting Report and Recommendations re 14 Report and Recommendation. After due and proper consideration of all portions of this file deemed relevant to the issues raised this action is DISMISSED WITHOUT PREJUDICE. Signed by Senior Judge Charles R. Butler, Jr on 10/18/2011. (adk)
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
WARDEN TONEY, et al.,
CIVIL ACTION NO. 11-00229-CB-B
This matter is before the Court on a Report and Recommendation of the Magistrate Judge
recommending that this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g).
(Doc. 14.) Plaintiff is a state prisoner who has had at least three prior actions or appeals
dismissed as frivolous. In response to the Report and Recommendation, Plaintiff has filed a
“Motion for Good Cause Shown.” He does not dispute the applicability of the “three strikes”
rule. Instead, Plaintiff requests that the Court return his complaint and exhibits so that he may
refile the complaint at a later date when he has the funds to do so. (Doc. 16.)
After due and proper consideration of all pleadings, 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. This action is hereby DISMISSED without prejudice pursuant to 28 U.S.C. ' 1915(g).
Plaintiff’s motion seeking return of his complaint and exhibits is hereby DENIED.1
DONE this the 18th day of October, 2011.
s/Charles R. Butler, Jr.
Senior United States District Judge
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