Uduko v. Cozzens et al

Filing 44

ORDER Adopting Report and Recommendation for 31 Motion,,,,,,, filed by Dave Downing, Anthony Bozeman, David Dolber, John Cheatham, Brett W Ellis, Bryce Brown, Arturo Aviles, Katie Murdock, R Gubbins, Mukhtar Curtis, Stephen E Cozzens, Tim Duby, Christopher Zych, Kevin Toney, 33 Report and Recommendation, Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OKECHUKWU UDUKO,
Plaintiff,

CASE NUMBER: 11-13765
HONORABLE VICTORIA A. ROBERTS

v.
STEPHEN E. COZZENS, et al.,

Defendants.
/
ORDER
Before the Court is Defendants’ motion requesting that Plaintiff’s in forma
pauperis (“IFP”) status be revoked because Plaintiff has “three strikes” under the Prison
Litigation Reform Act (Doc. # 31). The provision known as the "three-strikes" rule
states:
In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under [the section
governing proceedings in forma pauperis] if the prisoner has,
on 3 or more prior occasions, while incarcerated or detained in
any facility, brought an action or appeal in a court of the United
States that was dismissed on the grounds that it is frivolous,
malicious, or fails to state a claim upon which relief may be
granted, unless the prisoner is under imminent danger of
serious physical injury.
28 U.S.C. § 1915(g).
On September 21, 2012, the Magistrate Judge filed his Report and
Recommendation denying Defendants’ motion. Plaintiff and Defendants filed
objections.

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This Court reviews de novo any part of the Magistrate Judge's Report and
Recommendation on a dispositive motion that is properly objected to. 28 U.S.C. §
636(b)(1). After careful review of the entire record, the Court agrees with the Magistrate
Judge's conclusions. The Magistrate Judge's thorough Report and Recommendation
lays out the facts and procedural history of the case, as well as the relevant case law,
and denies Defendants’ claim with a reasoned explanation for his holding.
Accordingly, the Court ADOPTS Magistrate Judge Hluchaniuk's Report and
Recommendation.
IT IS ORDERED.

/s/ Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: November 16, 2012
The undersigned certifies that a copy of this
document was served on the attorneys of record
and Okechukwu Uduko by electronic means or
U.S. Mail on November 16, 2012.
S/Linda Vertriest
Deputy Clerk

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