Opinion
CIVIL 4:24-CV-616-SDJ
12-27-2024
JAMES HILL, #400331 v. WAL-MART, ET AL.
MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
SEAN D. JORDAN UNITED STATES DISTRICT JUDGE
This case was referred to United States Magistrate Judge Aileen Goldman Durrett, who issued a Report and Recommendation finding that Plaintiff had accumulated at least three strikes under 28 U.S.C. § 1915(g) before filing this lawsuit and therefore recommended that the Court dismiss this case with prejudice for the purpose of proceeding in forma pauperis. (Dkt. #8). The Magistrate Judge further recommended that the case should proceed if Plaintiff paid the full $405.00 filing fee within fifteen days of the dismissal order. (Dkt. #8).
The Report and Recommendation of the Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of such action, has been presented for consideration. No objections having been timely filed, the Court concludes that the findings and conclusions of the Magistrate Judge are correct and adopts the same as the findings and conclusions of the Court.
It is therefore ORDERED that this case is DISMISSED with prejudice for purposes of proceeding in forma pauperis under 28 U.S.C. § 1915(g), but without prejudice as to the refiling of this lawsuit without seeking in forma pauperis status and payment of the full $405.00 filing fee.
So ORDERED