Blanton v. Kennedy et al

Filing 14

ORDER ADOPTING the Magistrate Judge's 6 Report and Recommendation and OVERRULES Plaintiff's Objections, dkt. no. 10. The Court DISMISSES Plaintiff's Complaint and DENIES Plaintiff leave to appeal in forma pauperis. The Clerk of Court is DIRECTED to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Chief Judge Lisa G. Wood on 7/11/2016. (csr)

1n the Wniteb Stattilmiarta Court
for the boutbern flttritt of QeorgIa
JorunobAtk flftiiion
ERIC MITCHELL BLANTON,
Plaintiff,
V.

JAN KENNEDY, et. al.,
Defendants.

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CIVIL ACTION NO.: 2:16-cv-45

ORDER
After an independent and de novo review of the record, the
undersigned concurs with the Magistrate Judge's May 20, 2016,

Report and Recommendation, dkt. no. 6, to which objections have
been filed.' Plaintiff objects to the classification of his
previous lawsuits as "strikes" under the Prison Litigation

Reform Act ("PLRA"). However, the Magistrate Judge's Report and
Recommendation makes it clear that Plaintiff's lawsuits are
strikes, and because Plaintiff is a "three-striker" under the
PLRA, his suit is subject to dismissal without prejudice.

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Plaintiff files his Objections as part of his Notice of Appeal.
Dkt. No. 10. Although Plaintiff's Notice of Appeal is improper, this
Court will still consider the Objections attached to it as his
Objections to the Report and Recommendation. See Perez-Priego V.
Alachua Cty. Clerk of Ct., 148 F.3d 1272 (11th Cir. 1998) (finding
that a Magistrate Judge's report and recommendation that has not yet
been adopted by the District Court is not final and appealable).
D 72A

cv. 8/82)

O 72A
Rev. 8/82)

Accordingly, the Court ADOPTS the Magistrate Judge's Report
and Recommendation as the opinion of the Court and OVERRULES
Plaintiff's Objections, dkt. no. 10. The Court DISMISSES
Plaintiff's Complaint and DENIES Plaintiff leave to appeal in

forma pauperis. The Clerk of Court is DIRECTED to enter the
appropriate judgment of dismissal and to CLOSE this case.
SO ORDERED,

this

day of

P\,6i

LIS' GOD
WOOD, CHIEF JUDGE
tINIED S*TES DISTRICT COURT
SOUTPN' DISTRICT OF GEORGIA

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, 2016.