Fuller #211080 v. Prelesnik et al

Filing 51

ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION 46 ; granting defendants' motions 24 and 35 to revoke plaintiff's ifp status; holding in abeyance defendant's motions to dismiss 24 and 35 pending payment of the filing fee by plaintiff; signed by Judge Robert J. Jonker (Judge Robert J. Jonker, ymc)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CURTIS FULLER #211080, Petitioner, Case No. 1:12CV861 v. Hon. Robert J. Jonker CRAIG SHERVE, et al., Respondent. / ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties on February 5, 2014. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C). Based on this record, the Court concludes that plaintiff is subject to the three strikes rule. In addition, plaintiff’s allegations do not fall within the exception to the three strikes rule because he does not allege any facts establishing that he is under imminent danger of serious physical injury. In light of the foregoing, § 1915(g) prohibits plaintiff from proceeding in forma pauperis in this action. Accordingly, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed February 5, 2014, is approved and adopted as the opinion of the court. IT IS ORDERED that defendants’ motions to revoke plaintiff’s in forma pauperis status (docket ## 24, 35) are GRANTED. IT IS ORDERED that plaintiff pay the entire civil filing fee of $350.00 within fourteen (14) days. Defendants’ motions to dismiss (docket ##24, 35) will be held in ABEYANCE pending the filing fee payment by plaintiff. Failure by plaintiff to submit the filing fee may result in dismissal of this matter. ated: April 4, 2014 /s/ Robert J. Jonker ROBERT J. JONKER UNITED STATES DISTRICT JUDGE

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