MITCHELL v. EMANUEL PROBATION et al

Filing 22

ORDER ADOPTING 11 Report and Recommendations, DISMISSING as MOOT 17 , 19 and 20 Motions, DISMISSING without prejudice Plaintiff's complaint pursuant to the "three strikes" provision of 28 U.S.C. § 1915(g) and for abuse of the judicial process. The Court DENIES Plaintiff in forma pauperis status on appeal and CLOSES this case. Signed by Chief Judge J. Randal Hall on 08/20/2018. (maa)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

WILLIAM G. MITCHELL,
CIVIL ACTION NO.: 6:18-cv-43

Plaintiff,
V.

EMANUEL PROBATION,et al,
Defendants.
ORDER

After an independent and de novo review of the entire record, the undersigned concurs
with the Magistrate Judge's Report and Recommendation,(doc. 11), to which Plaintiff failed to

file Objections.' Accordingly, the Court ADOPTS the Report and Recommendation of the
Magistrate Judge as the opinion of the Court.

The Court DISMISSES WITHOUT

PREJUDICE Plaintiffs Complaint pursuant to the "three strikes" provision of 28 U.S.C.

§ 1915(g) and for abuse of judicial process and DISMISSES AS MOOT all other pending
Motions. The Court DENIES Plaintiff in forma pauperis status on appeal and DIRECTS the
Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case.

SO ORDERED,this^<9^av of August, 2018.

J. RANDApJALL,CHIEF JUDGE
[ITEOyrATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

' Plaintiff did file a Notice of Interlocutory Appeal, (doc. 12), which the Eleventh Circuit Court of
Appeals dismissed for want of prosecution because Plaintiff did not pay the filing and docketing fees,
(doc. 15). To the extent this Notice is construed as an Objection to the Report and Recommendation, the
Court OVERRULES Plaintiffs Objections. As the Magistrate Judge clearly stated in his Report and
Recommendation, Plaintiff failed to truthfully disclose several cases filed as recently as last year and also
qualifies as a "three-striker" under the Prison Litigation Reform Act. (Doc. 11, pp. 4-8.)