Fanning v. Graham

Filing 5

JUDGMENT: It is ORDERED, ADJUDGED, and DECREED 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 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),
Plaintiff,
vs.
COI L. GRAHAM,
Defendant.

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CIVIL ACTION NO.13-00538-WS-B

JUDGMENT
It is ORDERED, ADJUDGED, and DECREED 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 action be counted as a 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