DANIELS V MCCOLLUM et. al.
Filing
7
ORDER ADOPTING 6 REPORT AND RECOMMENDATION that case be dismissed pursuant to 28 U.S.C. Section 1915(g) because Plaintiff has three strikes and pursuant to U.S.C. Section 1915(2)(2)(B) because Plaintiff's claim is frivolous and denying 3 Motion for Leave to Proceed in forma pauperis; signed by CHIEF JUDGE M CASEY RODGERS on 2/28/12. (tss)
Page 1 of 1
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
BERLIE DANIELS, JR.,
Plaintiff,
v.
CASE NO. 5:11cv358-MP-GRJ
Bill McCOLLUM, et al.,
______________________________________/
ORDER
This cause comes on for consideration upon the magistrate judge's Report and
Recommendation dated January 27, 2012. (Doc. 6). The parties have been furnished a
copy of the Report and Recommendation and have been afforded an opportunity to file
objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de
novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto
timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1.
The magistrate judge’s Report and Recommendation is adopted and
incorporated by reference in this order.
2. This case is DISMISSED pursuant to 28 U.S.C. § 1915(g) because Plaintiff has
three strikes and pursuant to 28 U.S.C § 1915(e)(2)(B) because Plaintiff’s claim is frivolous.
3. The dismissal of this case counts as a strike pursuant to 28 U.S.C § 1915(g).
4. Plaintiff’s motion for leave to proceed as a pauper (doc. 3) is DENIED.
DONE and ORDERED this 28th day of February, 2012.
s/
M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE
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