DAKER v. UNITED STATES OF AMERICA et al
ORDER LIFTING STAY. Signed by Chief Judge J. Randal Hall on 05/26/2017. (pts)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
CIVIL ACTION NO.: 6:15-cv-49
UNITED STATES OF AMERICA; BRIAN
CHRISTOPHER JOHNSON; and BUREAU
OF ALCOHOL, TOBACCO, FIREARMS,
Plaintiff filed a Complaint pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346
and 2670, et seq., and Bivens v. Six Unknown Federal Agents of Federal Bureau of Narcotics.
403 U.S. 388 (1971). (Doc. 1.) In his Report and Recommendation, the Magistrate Judge
concluded that Plaintiff should be barred from proceeding in forma pauperis pursuant to
28 U.S.C. § 1915(g), or the "three strikes" provision of the Prison Litigation Reform Act.
(Doc. 10.) Plaintiff filed Objections to this Report and Recommendation, as well as a Motion for
Reconsideration. (Docs. 12,13.) Through these pleadings, Plaintiff informed the Court that he
had an appeal pending with the Eleventh Circuit Court of Appeals in a case which arose in
another district. (Doc. 13, pp. 2-3.) Consequently, the Court stayed the proceedings inthis case
until the Eleventh Circuit resolved Plaintiffs appeal.
The Eleventh Circuit has resolved
Plaintiffs appeal. Daker v. Commissioner. Georgia Department ofCorrections, 820 F.3d 1278
(1 lth Cir. 2016).
Accordingly, the Court hereby LIFTS the stay of proceedings in this case.
SO ORDERED, this^/g^ day ofMay, 2017.
J. RANEiALjHMX, CHIEF JUDGE
UINITED~STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
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