STEPHENS v. JOHNSON

Filing 11

ORDER OF DISMISSAL - The 8 report and recommendation is accepted and adopted as the court's further opinion. The clerk must enter judgment stating, "The complaint is dismissed without prejudice." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 10/20/2017. (cle)

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

DAVID TERRENCE STEPHENS,
Plaintiff,
v.

CASE NO. 4:17cv329-RH/CAS

WARDEN TORREY JOHNSON,
Defendant.
_____________________________/
ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 8, and the objections, ECF No. 9. I have reviewed de
novo the issues raised by the objections.
As noted in the report and recommendation, the plaintiff has not paid the
filing fee. He has more than three “strikes” under 28 U.S.C. § 1915(g) and thus
could proceed in forma pauperis only by adequately alleging that he is in imminent
danger of serious physical injury.
In the objections, the plaintiff says he is in custody in the facility where the
defendant is the warden, that the warden has established a good-old-boy network,

Case No. 4:17cv329-RH/CAS

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that unidentified inmates in the facility have been abused by the warden and by the
good-old-boy network, and that the warden does not have immunity from the
plaintiff’s claims. The plaintiff apparently asserts that being in the same facility
where the defendant works and where others have been abused is enough to show
that the plaintiff is in imminent danger. Without more, these conclusory allegations
are not enough.
Because the plaintiff has not adequately alleged imminent danger,
IT IS ORDERED:
The report and recommendation is accepted and adopted as the court’s
further opinion. The clerk must enter judgment stating, “The complaint is
dismissed without prejudice.” The clerk must close the file.
SO ORDERED on October 20, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 4:17cv329-RH/CAS