TIERNEY v. SCOTT, et al

Filing 6

ORDER adopting 4 Report and Recommendation; denying 2 Motion for Leave to Proceed in forma pauperis. Signed by JUDGE MARK E WALKER on 5/13/2014. The Clerk shall enter judgment stating, "Plaintiff's leave to proceed in forma pauperis is DENIED. This case is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g), the three-strikes bar." The Clerk shall close the file. (kdm)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
MICHAEL C. TIERNEY,
Plaintiff,
v.

CASE NO. 1:14-cv-80-MW/GRJ

RICK SCOTT, et al.,
Defendants.
___________________________/
ORDER ACCEPTING AND ADOPTING REPORT AND
RECOMMENDATION
This Court has considered the Magistrate’s Report and Recommendation,
ECF No.4, and has reviewed de novo the objections of Plaintiff, ECF No. 5. Upon
consideration,
IT IS ORDERED:
Over Plaintiff's objections, the report and recommendation is accepted and
adopted as this Court’s opinion. In so ruling, this Court notes that a district court
does not have to accept any and all allegations of injury as sufficient to forestall
application of the three-strikes bar. This is true where there are merely vague
allegations of harm. This is also true where the allegations are fantastic, delusional
or rise to the level of the irrational.

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The Clerk shall enter judgment stating, “Plaintiff's leave to proceed in forma
pauperis is DENIED. This case is DISMISSED without prejudice pursuant to 28
U.S.C. § 1915(g), the three-strikes bar.” The Clerk shall close the file.
SO ORDERED on May 13, 2014.
s/Mark E. Walker
United States District Judge

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