Henderson v. Morales et al

Filing 6

ORDER denying 2 Motion for Leave to Proceed in forma pauperis; adopting 4 Report and Recommendations. Therefore, this civil action is Dismissed. If the Plaintiff wishes to proceed with this action, he must submit a new complaint and the full filing fee. Signed by Judge Dudley H. Bowen on 11/9/12. (cmr)

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iGINAL

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IN THE UNITED STATESDISTRICTCOURT
DISTRICTOF GEORGIA
FORTHE SOUTHERN

:ll?li0v-9 Aiili,2l

CLERfi

DUBLIN DIVISION

S OD I S
.

KEITH HENDERSON.
Plaintiff,

cv 312-092
JOSE
MORALES, al.,
et
Defendants.

ORDER
with the Magistrate
After a careful,de novorcviewof the file, the Court concurs
to
have
filed. Accordingly,
Judge's
Report Recommendation,whichnoobjections
and
been
of
Judge AI)OPIED asthe opinionof
is
theReportandRecommendation the Magistrate
Plaintiffs request proceed is DENIED (doc.no. 2), andthis
to
IFP
the Court. Therefore,
to
with this civil action, mustsubmit
he
actionis DISMISSED. If Plaintiffwishes proceed
(llth
v.
284
a newcomplaint,
alongwith thefull filing fee. Duoree Palmer, F.3d1234,1,236
Plaintiff is enjoined
from seeking proceed
to
IFP
Cir. 2002)(per curiam). Furthermore,
that
againabsent
swornallegations he is in "imminentdanger."'
zr,-1-\

tni"ffi4{
SOORDERED

of\ovember,2012, Augusta,
at
Georgia.

DISTRICT JUDG

rThough instant
corpus
complaint ostensibly
was
brought a petitionfor habeas
as
the
the
Judge
correctly
construed asa complaint
it
reliefpursuant 28U.S.C. 2254, Magistrate
to
$
doc.no.4,pp.2-4.)
42
brought
under U.S.C. 1983.(See
$