Faircloth v. Owens et al

Filing 7

ORDER adopting Magistrate Judge's 4 Report and Recommendation as the opinion of the Court; denying Plaintiff's 2 Motion for Leave to Proceed in forma pauperis; and dismissing this action without prejudice. Signed by Judge J. Randal Hall on 02/27/2015. (jah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

DON FAIRCLOTH,
Plaintiff,
CV 115-013

BRIAN OWENS, Commissioner, Georgia
Department of Corrections, and DR. MARY
ALSTON, Medical Director, Augusta
State Medical Prison,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's

Report and Recommendation, to which objections have been filed (doc. no. 6). Accordingly, the
Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion,

DENIES Plaintiffs request to proceed informa pauperis (doc. no. 2), and DISMISSES this
action without prejudice. If Plaintiffwishes to proceed with the claims raised in this lawsuit, he
must initiate a new lawsuit, which would require submission of a new complaint. See Dupree v.
Palmer. 284 F.3d 1234,1236 (11th Cir. 2002).

SO ORDERED this^?74ray of February, 2015, at Augusta, Georgia.

HONORABLE J. RANDAL HALL
UNITED STATES DISTRICT JUDGE
JTHERN DISTRICT OF GEORGIA