Perez v. Dalby Health Service et al

Filing 15

Order: The undersigned District Judge has made an independent examination of the record in this case and finds that the Magistrate Judge's findings and conclusions should be ADOPTED. It is, therefore, ORDERED: To the extent that Plaintiff issu ing any unnamed officers in Atlanta, Georgia, such claims are dismissed without prejudice so that Plaintiff any file them in the proper forum. All claims alleged in Civil Action No. 5:13-CV-00178-C against the Giles W. Dalby Correctional Facility an d its employees are DISMISSED with prejudice as frivolous and for failure to state a claim. Any pending motions are DENIED. The dismissal of Plaintiff's complaint does not release Plaintiff or the institution where he is incarcerated from the o bligation to pay any filing fee previously imposed. The dismissal shall count as a qualifying dismissal under 28 U.S.C. 1915 and Adepegba v. Hammons. Plaintiff is advised that if he appeals this Order, he will be required to pay the appeal fee of � 36;505.00 pursuant to PLRA, and he must submit an application to proceed in forma pauperis and a 6-month Certificate of Inmate Trust Account at the same time he files his notice of Appeal. Judgement shall be entered accordingly. (Ordered by Judge Sam R Cummings on 8/4/2014) (lkw)