SMITH v. JONES, et al

Filing 8

ORDER ACCEPTING REPORT AND RECOMMENDATION AND DISMISSING CASE WITHOUT PREJUDICE 4 Report and Recommendation AND denying 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's complaint is dismissed without prejudice pursuant to the 28 U.S.C. § 1915(g) three-strikes bar. Signed by William Terrell Hodges on 7/18/17. (bkp)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

WILLIE ALBERT SMITH,
PLAINTIFF,
-vs-

Case No. 5:16-cv-00350-WTH-GRJ

SECRETARY OF THE FLORIDA
DEPARTMENT OF CORRECTIONS,
ET AL.,
DEFENDANTS.
______________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
AND DISMISSING CASE WITHOUT PREJUDICE
This cause comes on for consideration upon the Magistrate Judge's Report
and Recommendation. (Doc. 4). 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). Plaintiff
has filed objections at Docs. 6 and 7. I have made a de novo review based on
those objections. Having considered the Report and Recommendation, and the
timely filed objections, I have determined that the Report and Recommendation
should be adopted.
The plaintiff’s complaints of generalized threats of violence and nonspecific complaints that jail officials were interfering with his pre-dialysis diet do

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not suffice to show that plaintiff is subject to an imminent threat of serious
physical injury. Accordingly, the magistrate judge’s Report and Recommendation
is adopted and incorporated by reference in this order. The motion for leave to
proceed in forma pauperis, Doc. 2, is denied. The Clerk is directed to enter
judgment which states as follows: “Plaintiff’s complaint is dismissed without
prejudice pursuant to the 28 U.S.C. § 1915(g) three-strikes bar.” The Clerk is
directed to close the file.
IT IS SO ORDERED.
DONE and ORDERED at Gainesville, Florida this 18th day of July, 2017.

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Case No: 5:16-cv-00350-WTH-GRJ