Opinion
No. 3:02-CV-2349-N
February 28, 2003
ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
After reviewing all relevant matters of record in this case, including the Findings, Conclusions, and Recommendation of the United States Magistrate Judge and any objections thereto, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge is of the opinion that the Findings and Conclusions of the Magistrate Judge are correct and they are accepted as the Findings and Conclusions of the Court.
The Court hereby denies plaintiff's motion to proceed in forma pauperis. As long as plaintiff remains a prisoner within the meaning of 28 U.S.C. § 1915 (g), he may not proceed with the instant action or any other civil action without prepayment of the filing fee or a showing of imminent danger of serious physical injury. By separate judgment the Court will formally dismiss plaintiff's complaint.
JUDGMENT
This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,It is ORDERED, ADJUDGED and DECREED that:
1. Plaintiffs complaint is dismissed without prejudice for failure to comply with an order of the Court pursuant to Fed.R.Civ.P. 41(b).
2. The Clerk shall transmit a true copy of this Judgment and the Order Accepting the Findings and Recommendation of the United States Magistrate Judge to plaintiff.