Diaz v. Ayers et al

Filing 6

ORDER denying 1 Motion for Leave to Proceed in forma pauperis and adopting Report and Recommendations re 4. Plaintiff's complaint is dismissed without prejudice . Signed by Judge W. Louis Sands on 6/21/06. (bjl)

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Diaz v. Ayers et al Doc. 6 Case 1:05-cv-00137-WLS Document 6 Filed 06/21/2006 Page 1 of 2 IN THE UNITED S T ATES DIS T RICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVIS I ON JOSE R. DIAZ, : : Plaintiff, : : v. : : DEWAYNE AYERS, LARRY : EDWARDS., : : Defendants. : ____________________________________: 1:05-CV-137 (WLS) ORDER Before the Court is a Recommendation from United States Magistrate Judge Richard L. Hodge (Doc. 4), filed March 7, 2005. It is recommended that Plaintiff's motion to proceed in forma pauperis (Doc. 1) be denied and that the complaint (Doc. 2) be dismissed without prejudice. Plaintiff has filed a timely objection. (Doc. 5). In his objection, Plaintiff attempts to argue that he is not subject to the "three strikes" limitation of the PRLA , 28 U.S.C. 1915(a). Even though, Diaz admitted in his objection that he had filed numerous pro se 1983 actions against various prison officials that had been dismissed, he argues that he is not subject to the "three strikes" rule of the PLRA. Plaintiff does not cite any persuasive authority supporting his argument. Upon full review and consideration upon the record, the Court finds that said Recommendation (Doc. 4) should be and hereby is, ACCEPTED, ADOPTED and made the order of this Court for reason of the findings and reasons set out therein, together with the 1 Dockets.Justia.com Case 1:05-cv-00137-WLS Document 6 Filed 06/21/2006 Page 2 of 2 findings made, reasons stated and conclusion reached herein. Accordingly, Plaintiff's motion to proceed in forma pauperis (Doc. 1) is DENIED and his complaint for relief (Doc. 2) is DISMISSED without prejudice. S O ORDERED, this 21st day o f J une, 2006. /s/W. Louis Sands W. LOUIS SANDS, CHIEF JUDGE United States District Court 2

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