Skillern v. Georgia State Patrol et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS of the Magistrate Judge as the opinion of this Court dismissing this case without prejudice for 6 Report and Recommendations. Signed by Judge B. Avant Edenfield on 8/29/2011. (loh)

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

,....

WARREN SKILLERN,
Plaintiff,
:

vs.

CIVIL ACTION NO.: CV6II-078

GEORGIA STATE PATROL;
Sgt. MARTIN, Georgia State
Patrol; Major WILLIAMS;
GEORGIA STATE PATROL; and
THERESA S. BARNES, Clerk,
Georgia Supreme Court,
Defendants.

ORDER
After an independent 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 contends that Defendant Martin threatened
him with death if he did not admit making a threat against the Georgia Supreme Court.
In Plaintiffs Complaint, he stated that Defendant Martin threatened him by saying he
would die in prison if he did not admit to making a threat against the Georgia Supreme
Court. (Doc. No. 1, p. 1). The assertion Plaintiff now makes in his Objections
undermines any contention that Plaintiff was in imminent danger of serious physical
injury at the time he filed his Complaint. Plaintiff also asserts that Defendant Barnes'
actions caused him stress, and this stress will cause him to suffer another heart attack
"at any moment", which is what doctors have "prognosticated". (Doc. No. 8, p. 1).

AO 72A
(Rev. 8/82)

According to Plaintiffs many causes of action, which have been filed with this Court
over the past year and a half (or even longer), doctors have been prognosticating that
Plaintiff will have another heart attack. (See CV CV610-14, CV6I0-65, CV6II-27,
CV6II-85, CV611-78, and CV6II-88). Plaintiff's repeated assertions in this regard
only serve as notice that he was not, in fact, in imminent danger of serious physical
injury at the time he filed those causes of action, nor at the time he filed his Complaint in
this case.
The Magistrate Judge's Report and Recommendation is adopted as the opinion
of the Court. Plaintiff's Complaint is DISMISSED, without prejudice. Should Plaintiff
wish to proceed with his contentions, he may do so by resubmitting his Complaint along
with the entire filing fee. The Clerk of Court is authorized to enter the appropriate
judgment of dismissal.
SO ORDERED, this -)

0

day of

2011.

B. AVANT EDENFIELD, JUGE'
UNITED STATES DlSTRlt COURT
SOUTHERN DISTRICT F GEORGIA

AO 72A
(Re'. 8/82)

2