Opinion
5:21-cv-228-TKW-MJF
01-13-2022
ROBERT L. DAVIS, Plaintiff, v. ASHLEY MOODY and KAREN E. RUSHING, Defendants.
ORDER
T. KENT WETHERELL, II UNITED STATES DISTRICT JUDGE
This case is before the Court based on the magistrate judge's Report and Recommendation (Doc. 4). The Court reviewed de novo the issues raised by Plaintiff in his objections (Doc. 5) in accordance with 28 U.S.C. §636(b)(1) and Fed.R.Civ.P. 72(b)(3), and based on that review, the Court agrees with the magistrate judge's determination that this case should be dismissed pursuant to the “three strikes rule” in 28 U.S.C. §1915(g).
This filing was titled “Motion to Strick the Court's Alteration of the Facts, ” but it was treated as an objection to the Report and Recommendation. See Doc. 7, at 2 (¶2). Plaintiff was given until January 3, 2022, to supplement that filing with any additional objections, id. (¶1), but he did not do so.
Accordingly, it is ORDERED that:
1. The magistrate judge's Report and Recommendation is adopted and incorporated by reference in this Order.
2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is DENIED, and this case is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g).
3. The Clerk shall close the file.
DONE and ORDERED.