West v. Magruder et al

Filing 9

ORDER denying 4 Motion for TRO; adopting re 6 Report and Recommendations dismissing this case without prejudice. Signed by Judge B. Avant Edenfield on 8/20/2014. (loh)

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

MARQUIS B. WEST,
Plaintiff,
CIVIL ACTION NO.: CV614-055

V.

ANDREW M. MAGRUDER;
DEANA S. JOHNSON;
THURBERT E. BAKER;
KATHLEEN PACIOUS;
and DEVON ORLAND,
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 Plaintiff
filed Objections. In his Objections, Plaintiff contends that his course of treatment for
alleged mental health issues is hazardous to his health and has placed him at risk of
serious physical injury. Even accepting this contention as true, Plaintiff fails to show
that he was in imminent danger of serious physical injury at the time he filed his
Complaint on June 3, 2014. Additionally, even if Plaintiffs allegations met the imminent
danger exception to allow him to proceed with this cause of action without paying his
requisite filing fee, Plaintiff fails to show how the named Defendants acted in any way to
cause this imminent danger.

AO 72A
(Rev. 8/82)

Plaintiff's Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court.

Plaintiff's Motion for

Temporary Restraining Order is DENIED. Plaintiffs Complaint is DISMISSED, without
prejudice. The Clerk of Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED, this tJg, day of

2014.

(7

B. AVANT EDENFIEL 'JUDGE
UNITED STATES DIS lCT COURT
SOUTHERN DISTRIC OF GEORGIA

AO 72A
(Rev. 8182)