SMITH v. NELSON et al

Filing 6

ORDER OF DISMISSAL - The 5 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. Signed by JUDGE ROBERT L HINKLE on 5/22/2018. (cle)

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

GARY LEE SMITH,
Plaintiff,
v.

CASE NO. 4:18cv86-RH/CAS

SENATOR BILL NELSON, and
REPRESENTATIVE DUNN,
Defendants.
_____________________________/

ORDER OF DISMISSAL
This case is before the court on the magistrate judge’s report and
recommendation, ECF No. 5. No objections have been filed.
The report and recommendation concludes, and by failing to object the
plaintiff apparently acquiesces in the conclusion that, the plaintiff has at least three
“strikes” under 28 U.S.C. § 1915(g) and has not alleged that he is in imminent
danger of serious physical injury. The plaintiff therefore cannot proceed in forma
pauperis.
The complaint also obviously fails to state a claim on which relief can be
granted.
Case No. 4:18cv86-RH/CAS

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Based on the failure to pay the filing fee or qualify to proceed in forma
pauperis,
IT IS ORDERED:
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 May 22, 2018.
s/Robert L. Hinkle
United States District Judge

Case No. 4:18cv86-RH/CAS