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)

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. § 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)