Fanning v. Graham

Filing 4

ORDER ADOPTING the 3 REPORT AND RECOMMENDATIONS. It is ordered that the MOTION for Leave to Proceed in forma pauperis (Doc. 2 ) is denied, that this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and that this action be counted as a strike for purposes of future IFP eligibility under § 1915(g), in that it is malicious. Signed by Chief Judge William H. Steele on 1/6/2014. Copy mailed to Plaintiff. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DUANE EARL FANNING, III
(AIS: 263799),

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Plaintiff,
vs.
COI L. GRAHAM,
Defendant.

CIVIL ACTION NO.13-00538-WS-B

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 Fanning’s

Motion to Proceed Without Prepayment of Fees (Doc. 2) be DENIED,
that this action be dismissed without prejudice pursuant to 28
U.S.C.

§

1915(e)(2)(B)(i),

and

that this action

be

counted

as

strike for purposes of future IFP eligibility under § 1915(g),
in that it is malicious.
DONE this 6th day of January, 2014.

s/WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE

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