ALLEN v. CENTRAL STATE HOSPITAL et al
ORDER ADOPTING 9 Report and Recommendations and DENYING 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's 1 Complaint is DISMISSED without prejudice. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/13/2018. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
DENVER FENTON ALLEN,
CENTRAL STATE HOSPITAL, et al.,
) CIVIL ACTION NO. 5:17-CV-301 (MTT)
United States Magistrate Judge Charles H. Weigle recommends that Plaintiff
Denver Fenton Allen’s motion to proceed in forma pauperis be denied and that his
complaint be dismissed. Doc. 9 at 1, 6. The Magistrate Judge found Allen has filed at
least three prior federal law suits that were dismissed as frivolous, malicious, or for
failure to state a claim and, accordingly, that the “three strikes provision” of 28 U.S.C.
1915(g) bars him from proceeding IFP. Id. Further, the Magistrate Judge found Allen’s
generalized and vague allegations were insufficient to meet the imminent danger
exception to the three strikes provision. Id. at 6. Allen objected to the recommendation,
but, in that objection, Allen threatened the Court and law enforcement. Doc. 10 at 3.
Therefore, the Court informed Allen that his objection would not be considered and
ordered him to file a proper objection.1 Doc. 11. Allen, however, failed to comply with
the Court’s order and has not filed a proper objection for the Court to consider. And
Allen’s complaint contained similar threats. Doc. 1 at 11.
thus, absent a proper objection, the Court has reviewed the Recommendation and
accepts the findings, conclusions, and recommendations of the Magistrate Judge. The
Recommendation (Doc. 9) is ADOPTED and made the order of this Court. Allen’s
motion to proceed IFP (Doc. 2) is DENIED, and his complaint (Doc. 1) is DISMISSED
without prejudice. If he wishes to pursue his claim, Allen will need to refile paying the
full filing fee. Alternatively, he may refile stating specific facts showing that, at his
current place of confinement, he is under imminent danger of serious physical injury.2
SO ORDERED, this the 13th day of March, 2018.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
In his complaint, Allen stated he was confined to Central State Hospital and Baldwin State Prison, and
his complaints related to his confinement there. See generally Doc. 1. However, Allen is now confined to
Valdosta State Prison.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?