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)

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