DAVIS v. SIMMONS et al

Filing 5

ORDER. The magistrate judge's Report and Recommendation (ECF No. 4 ) is adopted and incorporated by reference in this order. This case is DISMISSED WITHOUT PREJUDICE as frivolous or malicious under 28 U.S.C. § 1915 (e)(2)(B)(i) for failing to truthfully disclose prior litigation history, and also because Plaintiff is a three-striker under 28 U.S.C. § 1915(g) who failed to pay the filing fee. Signed by SENIOR JUDGE LACEY A COLLIER on 11/19/2021. (alb)

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Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION JOSEPH MICHAEL DAVIS, Plaintiff, v. Case No. 3:21cv1429-LC-HTC SHERIFF CHIP SIMMONS, J HILL, DEPUTIES SEVERAL UNKNOWN NAMES, Defendants. ______________________________/ ORDER The magistrate judge issued a Report and Recommendation on October 19, 2021 (ECF No. 4), recommending dismissal based on Plaintiff’s failure to truthfully disclose prior litigation, status as a three-striker under 28 U.S.C. § 1915(g) and Plaintiff’s failure to pay the filing fee at the time he initiated this action. The parties were furnished a copy of the Report and Recommendation and afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). Having considered the Report and Recommendation and conducted a de novo review of any timely filed objections thereto, I have determined the Report Case No. 3:21cv1429-LC-HTC Page 2 of 2 and Recommendation should be adopted. Accordingly, it is ORDERED: 1. The magistrate judge’s Report and Recommendation (ECF No. 4) is adopted and incorporated by reference in this order. 2. This case is DISMISSED WITHOUT PREJUDICE as frivolous or malicious under 28 U.S.C. § 1915(e)(2)(B)(i) for failing to truthfully disclose prior litigation history, and also because Plaintiff is a three-striker under 28 U.S.C. § 1915(g) who failed to pay the filing fee. 3. The clerk of court is directed to close this case. DONE AND ORDERED this 19th day of November, 2021. s/L.A. Collier LACEY A. COLLIER SENIOR UNITED STATES DISTRICT JUDGE Case No. 3:21cv1429-LC-HTC

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