MANN v. BRYANT et al

Filing 11

ORDER Adopting 5 Report and Recommendation: This matter is DISMISSED without prejudice pursuant to the three-strikes bar at 28 U.S.C. § 1915(g). Pending 2 , 3 , 7 , 8 , 9 Motions are DENIED. Signed by SENIOR JUDGE MAURICE M PAUL on 8/26/2015. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JOHN W MANN,
Plaintiff,
v.

CASE NO. 5:15-cv-00126-MP-GRJ

J BOWDEN, RANDALL BRYANT,
DAVIS, PAYNTER,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated June 12, 2015, (Doc. 5). 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). Petitioner has filed objections at Doc. 6. I
have made a de novo review based on those objections. Additionally, the following motions are
pending,
•

Doc. 2, Motion for leave to proceed in forma pauperis;

•

Doc. 3, emergency motion for preliminary injunction;

•

Doc. 7, Motion to Rule on Doc. 3;

•

Doc. 8, Emergency Motion; and

•

Doc. 9, Motion to Inform Court.

Having considered the Report and Recommendation, and the timely filed objections, I
have determined that the Report and Recommendation should be adopted. The Court agrees
with the Magistrate Judge that plaintiff fails to allege immediate, substantial risk of serious

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bodily injury with any specificity. Thus, the Report and Recommendation correctly recommends
that he does not escape the three-strikes rule. His motions similarly fail to specify any
immediate, substantial risk of serious bodily injury. Additionally, they fail to show exhaustion
of administrative remedies and would be improperly joined to this law suit. Finally, plaintiff has
been transferred to a different facility. See Doc. 10.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.

2.

This matter is dismissed without prejudice pursuant to the three-strikes bar at 28
U.S.C § 1915(g).

3.

The motions at Docs. 2, 3, 7, 8 and 9, are denied.

DONE AND ORDERED this

26th day of August, 2015

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 5:15-cv-00126-MP-GRJ