Opinion
4:22cv378-WS/MJF
11-28-2022
RHONDA FLEMING, Plaintiff, v. NURSE HAMILTON, Defendant.
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE
Before the court is the magistrate judge's report and recommendation (ECF No. 8) docketed October 28, 2022. The magistrate judge recommends that the plaintiff's case be dismissed pursuant to the three-strikes provision of 28 U.S.C. § 1915(g). The plaintiff has filed objections (ECF No. 10) to the magistrate judge's report and recommendation.
As did the magistrate judge, the undersigned finds that the plaintiff-whose complaint fails to make a colorable showing that she is in imminent danger of serious physical injury-is barred under § 1915(g) from proceeding in forma pauperis in this case.
Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (ECF No. 8) is hereby ADOPTED and incorporated by reference into this order.
2. The plaintiff's complaint and this action are DISMISSED WITHOUT PREJUDICE to the plaintiff's initiating a new cause of action accompanied by the $402.00 filing fee.
3. The clerk shall enter judgment stating: “This case is dismissed without prejudice pursuant to 28 U.S.C. § 1915(g).”
4. The clerk shall terminate all pending motions and close the case.
DONE AND ORDERED