MILLER v. MYRICK et al

Filing 79

ORDER granting 71 Motion to Dismiss and adopting 76 Report and Recommendations. Therefore, the plaintiff's complaint is dismissed without prejudice and this case is closed. Signed by Judge J. Randal Hall on 5/14/15. (cmr)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

AVERY LAMAR MILLER,
Plaintiff,
CIVIL ACTION NO.: CV614-090

v.

BRAD HOOKS, Warden,
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 no Objections were filed.
The order granting Plaintiffs motion to proceed informa pauperis, dated November 26, 2013,
and signed by a United States Magistrate Judge in the Middle District of Georgia, (Doc. 8), is
VACATED, and Plaintiffs motion to proceed in forma pauperis is DENIED. Defendant's

unopposed Motion to Dismiss, (Doc. 71), is GRANTED. Plaintiffs Complaint is DISMISSED,
without prejudice, based on the provisions of 28 U.S.C. § 1915(g). The Clerk of Court is
directed to enter the appropriate judgment of dismissal and to CLOSE this case.
SO ORDERED, this

/-ftyrf

/H<
HONOWKBLE J. RANDAL HALL
UNITED STATES DISTRICT JUDGE
•SOUTHERN DISTRICT OF GEORGIA