Cobble v. Owens

Filing 26

ORDER adopting re 23 Report and Recommendations and dismissing this complaint without prejudice. Signed by Judge B. Avant Edenfield on 6/10/13. (bcw)

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

DANIEL ERIC COBBLE,
Plaintiff,
:

V.

CIVIL ACTION NO.: CV613-020

BRIAN OWENS, Commissioner of
Georgia Department of Corrections,
Defendant.

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 asserts that the requirement that he set
forth facts revealing that he was in imminent danger of serious physical injury at the
time he filed his Compliant under 28 U.S.C. § 1915(g) does not apply to him. The
reason Plaintiff contends this requirement is inapplicable is because "all previous
strikes courts made against [him] were either caused by illegal prison employees[']
action that [the Court is] blaming [him] for or because courts ruled erroneously[.]" (Doc.
No. 25, p. 1) (emphases in original). Plaintiff contends that a judge with the Georgia
court system determined that he was legally insane, and any "strikes" he accrued
between 2002 and 2003 are illegal. Plaintiff also contends that the Prison Litigation
Reform Act ("PLRA") only applies to individuals who are held in prison legally. Plaintiff
alleges that this Court is leaving him with no choice but to force him to use "extreme

AO 72A
(Rev. 8/82)

violence to get [his] property" back. (Id at p. 2). Plaintiff makes numerous other
assertions, all of which are vague and unresponsive to the Magistrate Judge's Report
and Recommendation.
There is nothing before the Court, other than Plaintiffs general allegations to the
contrary, that the strikes Plaintiff has accrued should not count or that he was in
imminent danger of serious physical injury at the time he filed his Complaint. Plaintiff's
Objections are without merit and are overruled. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court. Plaintiff's Complaint is
DISMISSED, without prejudice. If Plaintiff wishes to proceed with his cause of action,
he may do so by resubmitting his complaint along with the full filing fee. The Clerk of
Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED, this

day of

\jJ2

2013.

. AVANT ENFIELT, JUDg
UNITED STATES DISTRICTOURT
SOUTHERN DISTRICT OF3EORGIA

AO 72A
(Rev. /82)

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