Tucker v. Kandulski et al

Filing 16

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 15 , DENYING PLAINTIFFS MOTIONS [6, 11], REVOKING PLAINTIFFS IN FORMA PAUPERIS STATUS 7 , AND DISMISSING PLAINTIFFS COMPLAINT WITHOUT PREJUDICE. Signed by District Judge Gershwin A. Drain. (KWin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

L. TUCKER,
Case No. 15-cv-11117

Plaintiff,

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

v.
KANDULSKI, ET AL.,

UNITED STATES MAGISTRATE JUDGE
PATRICIA T. MORRIS

Defendant.
/

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION [15],
DENYING PLAINTIFF’S MOTIONS [6, 11], REVOKING PLAINTIFF’S IN FORMA PAUPERIS
STATUS [7], AND DISMISSING PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE

On August 11, 2015, Magistrate Judge Patricia Morris issued a Report and
Recommendation [15] to deny Plaintiff’s motions [6, 11], revoke Plaintiff’s in forma pauperis
status [7], and dismiss Plaintiff’s complaint [1] without prejudice. Magistrate Judge Morris made
this recommendation after she concluded that the “Three Strikes” provision of 28 U.S.C. §
1915(g) bars Plaintiff’s action and determined that Plaintiff did not qualify under the “imminent
danger of serious physical injury” exemption to the aforementioned provision. No objections
have been filed, and the time for filing objections has expired. See 28 U.S.C. § 636(b)(1)(C).
Upon review of the Magistrate Judge’s Report and Recommendation, the Court concludes that
the Magistrate Judge reached the correct conclusion.
Therefore, the Court hereby ACCEPTS and ADOPTS Magistrate Judge Morris’ August
11, 2015 Report and Recommendation [15] as this Court’s findings of fact and conclusions of

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law. Plaintiff’s Motions [6, 11] are HEREBY DENIED AS MOOT. The claims against
Defendants Kandulski et al. are HEREBY DISMISSED.

IT IS SO ORDERED.
Dated: September 8, 2015
/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

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