Fanning v. Miles

Filing 4

ORDER ADOPTING 3 REPORT AND RECOMMENDATION. It is ORDERED that plaintiff's 2 motion to proceed without prepayment of fees be DENIED, this action be DISMISSED without prejudice as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and that the action be counted as strike under 28 U.S.C. § 1915(g). Signed by Judge Callie V. S. Granade on 7/3/2014. copy mailed to plf. Copies to ADOC as directed. (sdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DUANE EARL FANNING, III,
#263799,

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Plaintiff,
vs.
WARDEN MILES,
Defendant.

CIVIL ACTION 13-0568-CG-N

ORDER
After due and proper consideration of all portions of this file deemed relevant
to the issues raised, and there having been no objections filed, the Report and
Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(A) is
ADOPTED as the opinion of this Court. It is ORDERED that plaintiff’s motion to
proceed without prepayment of fees (Doc. 2) be DENIED, this action be
DISMISSED without prejudice as malicious pursuant to 28 U.S.C. §
1915(e)(2)(B)(i), and that the action be counted as strike under 28 U.S.C. § 1915(g).
The Clerk is DIRECTED to send to the Commissioner of the Alabama
Department of Corrections a copy of the report and recommendation recommending
the dismissal of this action, this order adopting the report and recommendation,
and the judgment dismissing this action.
DONE and ORDERED this 3rd day of July, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE