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)

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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 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

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