MCGEE v. TUCKER

Filing 19

ORDER OF DISMISSAL. 7 Report and Recommendation is ACCEPTED and adopted as the courts opinion. 1 Complaint filed by DWAYNE A MCGEE is dismissed without prejudice. Signed by JUDGE ROBERT L HINKLE on 4/4/2013. (atm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

DWAYNE A. McGEE,
Plaintiff,
v.

CASE NO. 4:13cv126-RH/CAS

KENNETH L. TUCKER,
Defendant.
_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 7, and the objections, ECF No. 17. I have reviewed de
novo the issues raised by the objections.
As noted in the report and recommendation, the plaintiff has at least three
“strikes” under 28 U.S.C. § 1915(g). He admits this. The plaintiff has not
adequately alleged that he is in imminent danger of serious physical injury. The
plaintiff therefore cannot proceed in forma pauperis. Accordingly,
IT IS ORDERED:

Case No. 4:13cv126-RH/CAS

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The report and recommendation is ACCEPTED and adopted as the court’s
opinion. The clerk must enter judgment stating, “The complaint is dismissed
without prejudice.” The clerk must close the file.
SO ORDERED on April 4, 2013.
s/Robert L. Hinkle
United States District Judge

Case No. 4:13cv126-RH/CAS