Skillern v. Gordon County District Attorney et al

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS of the Magistrate Judge as the opinion of this Court dismissing this case for 8 Report and Recommendations,. Signed by Judge B. Avant Edenfield on 7/20/2011. (loh)

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1 THE UNITED STATES DISTRICT COURT

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R THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
CLERK

WARREN SKILLERN,
PIE intiff,
CIVIL ACTION NO.: CV6II-071

V.
E

GORDON COUNTY DISTRICT
ATTORNEY; CHEROKEE COUNTY
DISTRICT ATTORNEY; GEORGIA
DEPARTMENT OF CORRECTIONS
COMMISSIONER; Warden CHATMAN;
and Deputy Warden PAUL,
Dfendants.

ORDER

After an indepeiident and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. In his Objections, Plaintiff reiterates that he meets the "imminent
danger" exception to tke three strikes rule, because stress caused from his allegedly
wrongful conviction may cause him to have a heart attack in the future. Even if the
relationship between Plaintiffs stress from this incident and an assured heart attack was
substantiated, Plaintiff would still not be able to maintain this lawsuit because it is barred
by Heck v. Humphrey, 612 U.S. 477 (1994).

AC) 72A
(Rev. 8/82)

Plaintiffs 0

Recommendation of

ions are without merit and are OVERRULLED. The Report and

Plaintiffs complaint is

Magistrate Judge is adopted as the opinion of the Court.
ISSED. The Clerk is authorized and directed to enter the

appropriate Judgment Of dismissal.
SO ORDERED, this

day of

2011.

AVANT EDENFILD, JUDGE
UNITED STXTES DISTRICT COURT
SOUTHER1cI DISTRICT OF GEORGIA

AO 72A
(Rev. 8/82)