Fanning v. Graham
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
DUANE EARL FANNING, III
COI L. GRAHAM,
CIVIL ACTION NO.13-00538-WS-B
After due and proper consideration of all portions of this
file deemed relevant to the issue raised, and there having been
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
that this action
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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