Lee v. Federal Transfer Center

Filing 19

ORDER ADOPTING 12 Report and Recommendation, DISMISSING this action without prejudice, STRIKING as deficient 11 Motion for Leave to Proceed in forma pauperis filed by Brandon Che Lee. This dismissal counts as a strike pursuant to 28 U.S.C. §1915(g). Signed by Honorable Stephen P. Friot on 11/16/2016. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
BRANDON CHE LEE,
Plaintiff,
-vsFEDERAL TRANSFER CENTER, et al.,
Defendants.

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Case No. CIV-16-0991-F

ORDER
Magistrate Judge Bernard M. Jones issued a Report and Recommendation in
this action brought by plaintiff Brandon Che Lee alleging violations of plaintiff’s
constitutional rights under Bivens v. Six Unknown Named Agents of the Federal
Bureau of Narcotics, 403 U.S. 388 (1971). Doc. no. 12 (the Report).
The Report concludes that plaintiff’s action should be dismissed without
prejudice to refiling, and that plaintiff’s application for leave to proceed in forma
pauperis (doc. no. 11) should either be stricken as deficient or denied as moot. The
Report also recommends that the dismissal count as a strike pursuant to 28 U.S.C.
§1915(g).
Plaintiff objects to the Report (doc. no. 18), arguing that he has been unduly
detained under a fake judgment and commitment order.
All objected to matters have been reviewed de novo. The arguments raised by
the plaintiff in his objection are adequately addressed in the Report. Having
completed its review, the court finds that no purpose would be served by any
additional analysis here.

Plaintiff’s objection to the Report is DENIED. The Report and
Recommendation of the Magistrate Judge is ACCEPTED, ADOPTED and
AFFIRMED. As recommended in the Report, this action is DISMISSED without
prejudice, and plaintiff’s application for leave to proceed in forma pauperis is
STRICKEN as deficient. This dismissal counts as a strike pursuant to 28 U.S.C.
§1915(g).
Dated this 16th day of November, 2016.

16-0991p003.wpd

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