Fanning v. McCaskil

Filing 5

JUDGMENT that Plf Fanning's 2 Motion to Proceed w/o Prepayment of Fees is DENIED, that this action is DISMISSED w/o prejudice pursuant to 28 U.S.C. §1915(e)(2)(B)(i), & that this action is counted as a strike for purposes of future IFP eligibility under §1915(g), in that it is malicious. Signed by Judge Callie V. S. Granade on 3/10/2014. (copy mailed to Plf on 3/10/14) (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DUANE EARL FANNING, III (AIS # 263799) Plaintiff, vs. COI ERIC MCCASKIL, Defendant. * ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 13-0540-CG-C JUDGMENT Accordingly, it is ORDERED, ADJUDGED and DECREED that Plaintiff Fanning's Motion to Proceed Without Prepayment of Fees (Doc. 2) is DENIED, that this action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and that action is counted as a strike for purposes of future IFP eligibility under § 1915(g), in that it is malicious. DONE and ORDERED this 10th day of March, 2014. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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