BOOBYYAA v. TUCKER, et al

Filing 17

ORDER ADOPTING THE MAGISTRATE JUDGE'S 16 REPORT AND RECOMMENDATION - The plaintiff's motion (doc. 2 ) for leave to proceed in forma pauperis is DENIED. The clerk shall enter judgment stating: "All claims are dismissed without prejudice." The clerk shall note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(g). Signed by SENIOR JUDGE WILLIAM STAFFORD on 5/23/2013. (tdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

MANDINGO BOOBYYAA,
Plaintiff,
v.

5:12cv403-WS

KENNETH TUCKER, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed
April 23, 2013. See Doc. 16. The magistrate judge recommends that the plaintiff's
complaint and this case be dismissed for abuse of the judicial process under 28 U.S.C.
§ 1915(e) and/or as barred by the "three strikes" provision of 28 U.S.C. § 1915(g). The
plaintiff has filed no objections to the magistrate judge’s report and recommendation.
The magistrate judge also recommends that the plaintiff's motion to proceed in
forma pauperis be denied. As correctly noted by the magistrate judge, the plaintiff is
subject to the PLRA's "three strikes" provision because he has had three or more prior
cases dismissed under 28 U.S.C. § 1915(e). Without payment of the filing fee, the
plaintiff may not proceed with this case. Accordingly, it is ORDERED:

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1. The magistrate judge's report and recommendation (doc. 33) is hereby
ADOPTED and incorporated by reference into this order.
2. The plaintiff's motion (doc. 2) for leave to proceed in forma pauperis is
DENIED.
3. The plaintiff's complaint and this action are DISMISSED pursuant to 28 U.S.C.
§ 1915(e) as an abuse of the judicial process because the plaintiff did not truthfully
disclose his prior litigation history or section 1915(e) dismissals.
4. The clerk shall enter judgment stating: "All claims are dismissed without
prejudice."
5. The clerk shall note on the docket that this case was dismissed pursuant to 28
U.S.C. § 1915(g).
DONE AND ORDERED this

23rd

day of

May

, 2013.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE