Allen v. State Of Georgia et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS dismissing the complaint w/out prejudice for 8 Report and Recommendations; should Plft wish to pursue his claims he may re-submit his Complaint along with the $350.00 filing fee. The Clerk is directed to enter the appropriate Judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 8/30/2010. (order was mailed to Plft at Hancock State Prison, Sparta, GA) (ca)

Allen v. State Of Georgia et al

Doc. 11

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION DWIGHT L. ALLEN, Plaintiff,
V.

CIVIL ACTION NO.: CV2I0-076

STATE OF GEORGIA; THURBERT BAKER, Attorney General, in his individual and official capacities; CAMDEN COUNTY; CITY OF ST. MARYS; AMANDA F. WILLIAMS, Judge, individually and in her official capacity; STEPHEN KELLEY and DIANNE DODDS, District Attorneys' office, individually and in their official capacities; County Commissioners PRESTON RHOVES, KATHERINE ZELLS; STEPHEN BERRY; CHARLENE SEARS; DAVID RAIN ER, all individually and in their official capacities; TOMMY GREGORY, Sheriff; City Council members JERRY LOCKHART, L. J. WILLIAMS, GARY BLOUNT, BILL DELOUGHY, LARRY JOHNSON, BULL WEAVER, individually and in their official capacities; ROWLAND ESKRIDGE, Mayor, individually and in official capacity; BRENT GREEN, County Attorney, individually and in his official capacity; SUSAN L. WALDRON, Clerk Superior Court, individually and in her official capacity; and JOHN DOE, City Manager, individually and in his/her official capacity, Defendants. ORDER After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have

AO 72A (Rev. 8/82)

Dockets.Justia.com

been filed. In his Objections, Plaintiff asserts that he meets the "imminent danger of serious physical injury" exception of 28 U.S.C. §
191 5(g)

because he is a convicted sex

offender, and "convicted sex offenders' lives are always in immediate danger of being killed by other inmates." (Doc. No. 10, p. 1). "General allegations that are not grounded in specific facts which indicate that serious physical injury is imminent are not sufficient to invoke the exception to § 1915(g)." Miller v. Meadows, No. 5:05-CV-29 (CAR), 2005 WL 1983838, at *2 (M.D. Ga. Aug. 11, 2005): see also McAlDhin v. Tone y , 281 F.3d 709 (8th Cir. 2002). The mere status of being an incarcerated sex offender is not enough to meet the imminent danger exception of § 1915. See Johnson v. Johnson, No. 4:09-CV07 (CDL), 2009 WL 1158836 (M.D. Ga. Apr. 27, 2009) Plaintiff's Objections are without merit. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Plaintiffs 42 U.S.C. § 1983 complaint is DISMISSED without prejudice. Should Plaintiff wish to pursue his claims, he may re-submit his Complaint along with the $350.00 filing fee. The Clerk is authorized and directed to enter the
SO ORDERED, this

Jday

Jtidment of dismissal. 2010.

LISA GOD52Y WOOD, GkJIEF JUDGE HERNATES DISTRRQOURT UNITff DISTRICT OF GEORGIA-

AO 72AII (Rev. 8/82) II

2