Logue v. Martin

Filing 7

ORDER ADOPTING 3 Report and Recommendations dismissing the case, and dismissing as moot the 2 Motion for Leave to Proceed in forma pauperis filed by Clarence Logue and dismissing as moot 5 Motion for Extension of Time to File Response/Reply filed by Clarence Logue. The Clerk of Court is directed to close the case. Signed by Judge William T. Moore, Jr on 5/27/15. (wwp)

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

CLARENCE LOGUE,
Plaintiff,
CASE NO. CV415-080

V.

PUBLIC DEFENDER TODD MARTIN,
Defendant.

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ORDER
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Before the Court is the Magistrate Judge' sjRpoz.t

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Recommendation (Doc. 3), to which objections have

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beeified

(Doc. 6) . After careful consideration, however, the Court fins
Plaintiff's objections to be without merit. As th Magistrate
Judge points out in his Report and Recommendation, Plaintiff is
prohibited pursuant to 28 U.S.C. § 1915(g) from proceeding in
forma pauperis in this Court. As a result, Plaintiff's claims
are subject to immediate dismissal without prejudice. Dupree v.
Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002)
In his objections,

Plaintiff fails to indicate any

exceptional circumstances in this case such that the
restrictions of § 1915(g) should not apply. Rather, Plaintiff
states that he intends to partially pay the filing fee by May
20, 2015 to avoid dismissal. (Doc. 6 at 4.) However, he has
failed to do so. It is just as well, however, since Plaintiff's

objections offer no persuasive arguments against the Magistrate
JudgeTs determination that Plaintiff's claims are wholly
frivolous. Accordingly, the report and recommendation is ADOPTED
as the Court's opinion and this case is hereby DISMISSED.

All

pending motions in this case are DISMISSED AS MOOT. The Clerk of
Court is DIRECTED to close this case.
SO ORDERED this 47 day of May 2015.

44

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA