Opinion
C.A. No. 13-355 Erie
01-21-2014
JORDAN HEATH, Plaintiff, v. DR. EYETA JOHN DOGUN, et al, Defendants.
MEMORANDUM ORDER
This prisoner civil rights action was received by the Clerk of Court on December 11, 2013, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges. The magistrate judge's report and recommendation, filed on December 23, 2013, recommended that Plaintiff's motion for leave to proceed in forma pauperis [ECF No. 1] be denied and his complaint be dismissed pursuant to 28 U.S.C. § 1915(g), without prejudice to Plaintiff's right to re-open this case upon payment of the filing fee of $350.00 and the administrative fee of $50. The recommendation was made because Plaintiff is subject to the "Three Strikes Rule" and he did not allege he is in imminent danger of serous physical injury. Service was made on Plaintiff by mail at SCI Albion, where he is incarcerated. Objections were filed by Plaintiff on January 9, 2014. In the objections he failed to make sufficient factual allegations to implicate that he is in immediate danger of serious bodily injury. After de novo review of the petition and documents in the case, together with the report and recommendation and objections thereto, the following order is entered:
AND NOW, this 21st day of January, 2014;
IT IS HEREBY ORDERED that Plaintiff's motion for leave to proceed in forma pauperis [ECF No. 1] is denied and his complaint is dismissed pursuant to 28 U.S.C. § 1915(g), without prejudice to Plaintiff's right to re-open this case upon payment of the filing fee of $350.00 and the administrative fee of $50.
The report and recommendation of Magistrate Judge Baxter, dated December 23, 2013, is adopted as the opinion of the court.
__________
JOY FLOWERS CONTI
United States District Judge
cc: Susan Paradise Baxter
U.S. Magistrate Judge
all parties of record ___