Oliver v. Ashby et al

Filing 9

ORDER ADOPTING 7 REPORT AND RECOMMENDATIONS re 6 MOTION for Leave to Proceed in forma pauperis filed by Michael Darnell Oliver, 5 Complaint filed by Michael Darnell Oliver. Plaintiff's motion to proceed IFP is denied and this action is dismissed without prejudice pursuant to 28 USC 1915. Signed by Judge Kristi K. DuBose on 12/27/2013. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL DARNELL OLIVER
(AIS #207467),
Plaintiff,
v.
BENNIE ASHBY, et al.,
Defendants.

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CIVIL ACTION NO. 13-00263-KD-B

ORDER
After due and proper consideration of all portions of this file deemed relevant to the
issues raised, and a de novo determination of those portions of the Report and Recommendation
to which objection (Doc. 8) is made, the Report and Recommendation (Doc. 7) of the Magistrate
Judge made under 28 U.S.C. § 636(b)(1)(B) and dated December 9, 2013, is ADOPTED as the
opinion of this Court.

Accordingly, it is ORDERED that Plaintiff’s Motion to Proceed

Without Prepayment of Fees (Doc. 2) is DENIED and that this action is DISMISSED without
prejudice pursuant to 28 U.S.C. § 1915(g).
Judgment in accordance with this Order shall issue by separate document.
DONE and ORDERED this the 27th day of December 2013.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE