Allen v. Belcher et al

Filing 19

ORDER adopting 16 REPORT AND RECOMMENDATION; denying 7 MOTION for leave to proceed in forma pauperis; dismissing case without prejudice, denying all pending motions as moot, and directing the Clerk to close the file; Signed by Judge Timothy J. Corrigan on 1/20/2012. (MGG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
JACKSONVILLE DIVISION
CLARENCE ALLEN,
Plaintiff,
v.

CASE NO.: 3:11-cv-529-J-32JRK

JUDY BELCHER, et. al.,
Defendants.
_____________________________________________________________________
ORDER
This case is before the Court on Plaintiff Clarence Allen’s Complaint (Doc. 1) and
Affidavit of Indigency, construed as a Motion for Leave to Proceed in Forma Pauperis (Doc.
7). Upon review of these filings, the assigned United States Magistrate judge determined
that under the Prison Litigation Reform Act Plaintiff has had three or more qualifying
dismissals and is not under imminent danger of serious physical injury and therefore
recommended that Plaintiff’s claim be dismissed (Doc. 16). Plaintiff has filed objections to
the Report and Recommendation (Doc. 17). Upon independent review of the file and for the
reasons stated in the Report and Recommendation issued by the Magistrate Judge (Doc.
16), the Court will overrule Plaintiff’s objections, and accept and adopt the legal and factual
conclusions recommended by the Magistrate Judge. Accordingly, it is hereby
ORDERED:
1.

The Report and Recommendation (Doc. 16) of the Magistrate Judge is
ADOPTED as the opinion of the Court.

2.

Plaintiff’s Motion to Proceed in Forma Pauperis (Doc. 7) is DENIED pursuant

to 28 U.S.C. § 1915.
3.

This case is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915.

4.

All other pending motions are DENIED as moot.

5.

The Clerk shall close this file.

kh.
Copies To:
Honorable James R. Klindt
United States Magistrate Judge
Pro Se Plaintiff

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