Lucas v. Terry et al

Filing 7

ORDER the court OVERRULES the plaintiff's 6 objections; ADOPTS the 5 Proposed Findings and Recommendation of the Magistrate Judge in full; and DISMISSES with prejudice the plaintiff's 1 Complaint for failure to state a claim upo n which relief can be granted, pursuant to 28 U.S.C. § 1915A; the plaintiff is barred by 28 U.S.C. § 1915(g) from pursuing further actions in forma pauperis unless he is "under imminent danger of serious physical injury." Signed by Judge Joseph R. Goodwin on 10/22/2018. (cc: counsel of record; any unrepresented party; Magistrate Judge) (taq)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION
JAMES LUCAS,
Plaintiff,
v.

CIVIL ACTION NO. 2:17-cv-04575

WARDEN RALPH TERRY, et al.,
Defendants.

ORDER
This action was referred to United States Magistrate Judge Dwane L. Tinsley
for submission of proposed findings of fact and recommendation for disposition
pursuant to 28 U.S.C. § 636(b)(1)(B). On August 21, 2018, Judge Tinsley submitted
his Proposed Findings and Recommendation [ECF No. 5] (“PF&R”), recommending
the court dismiss this matter for failure to state a claim upon which relief can be
granted, pursuant to 28 U.S.C. § 1915A. On August 29, 2018, the plaintiff timely
submitted his objections to the PF&R [ECF No. 6].
The court has reviewed the plaintiff’s objections to the Magistrate Judge’s
PF&R and finds his objections lack merit. Accordingly, the court OVERRULES the
plaintiff’s objections [ECF No. 6], ADOPTS the PF&R [ECF No. 5] in full, and
DISMISSES with prejudice the plaintiff’s Complaint [ECF No. 1] for failure to state
a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A.

The court has now dismissed three or more of the plaintiff’s lawsuits for failure
to state a claim upon which relief can be granted. Thus, although the Magistrate
Judge did not make such a finding in the PF&R and the court does not expressly find
here, the plaintiff is barred by 28 U.S.C. § 1915(g) from pursuing further actions in
forma pauperis unless he is “under imminent danger of serious physical injury.”
The court DIRECTS the Clerk to send a copy of this Order to counsel of record,
any unrepresented party, and the Magistrate Judge.
ENTER:

2

October 22, 2018