Fanning v. Jones

Filing 4

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Duane Earl Fanning, II. The motion IFP is denied and this action be dismissed without prejudice pursuant to 28 USC 1915 and that action is counted as a strike for purposes of future IFP eligibility. Signed by Judge Kristi K. DuBose on 1/6/2014. (copy to plaintiff) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DUANE EARL FANNING, III
(AIS: 263799),
Plaintiff,
vs.
COI JOHN JONES,
Defendant.

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 13-00541-KD-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 (Doc. 3) of
the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated December 5, 2013, is
ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED 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.
Final judgment in accordance with this Order shall issue by separate document.
DONE and ORDERED this the 6th day of January 2014.
/s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE