Skillern v. Broom et al

Filing 9

ORDER adopting re 5 Report and Recommendations and dismissing case. Signed by Judge B. Avant Edenfield on 1/2/12. (bcw)

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IN THE UNITED STATES DISTRICT COURT: FOR THE SOUTHERN DISTRICT OF GEORGIA J12 j: STATESBORO DIVISION WARREN SKILLERN, Plaintiff, V. CIVIL ACTION NO.: CV611112 DOCTOR BROOM and JOHN PAUL, 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 contests the Magistrate Judge's "apparent belief" that he must show he was in imminent danger of serious physical injury. (Doc. No. 8, p. 1). Plaintiff asserts that, "No matter how often [Judge] Graham requires [Plaintiff] to prove his imminent danger allegations," the Eleventh Circuit Court of Appeals has stated that imminent danger allegations must be taken as true. (Id.). Plaintiff adds that Judge Graham "is sounding like a broken record." (j. Plaintiff also asserts that, if the Court does not wish for him to die, then the Court does not believe his contentions that he is imminent danger of serious physical injury. It is not the Magistrate Judge's "belief" that a plaintiff with three (3) strikes under 28 U.S.C. ยง 1915(g) must show he is in imminent danger of serious physical injury at the time he files a complaint before he can proceed without paying the entire filing fee; rather, it is the requirement of the law. If the Magistrate Judge sounds like a broken AO 72A (Rev. 8/82) record, it is because he, along with every other judicial officer in this District, is forced to address Plaintiffs numerous, baseless, and repetitive claims of imminent danger in an attempt to avoid the three strikes provision. Plaintiffs Objections are without merit. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Plaintiff's Complaint is DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of dismissal. r SO ORDERED, this day of , 202Z B. AVANT EDENELD, JUDGE UNITED STATDISTRICT COURT SOUTHERN 151STRICT OF GEORGIA AO 72A (Rev. 8/82)

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