Shropshire v. Standard Furniture Company

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS. It is ORDERED that Plaintiff's motion to proceed without prepayment of fees (Doc. 2 ) is DENIED, this action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and this action shall be counted as a strike for purposes of future IFP eligibility under Section 1915(g) in that it is malicious. Signed by Judge Kristi K. DuBose on 4/6/2015. copies to parties. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DONNIE E. SHROPSHIRE, #175941, Plaintiff, v. STANDARD FURNITURE CO., Defendant. : : : : : : : CIVIL ACTION 15-00073-KD-B ORDER After due and proper consideration of 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)(l)(B) and dated March 6, 2015, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Plaintiff’s motion to proceed without prepayment of fees (Doc. 2) is DENIED, this action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and this action shall be counted as a strike for purposes of future IFP eligibility under Section 1915(g) in that it is malicious. DONE and ORDERED this the 6th day of April 2015. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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