Opinion
1:21-CV-1183
11-30-2021
DASHON HINES, Plaintiff, v. OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, Defendant.
DASHON HINES Plaintiff, Pro Se
DASHON HINES Plaintiff, Pro Se
ORDER ON REPORT & RECOMMENDATION
DAVID N. HURD, UNITED STATES DISTRICT JUDGE
On October 29, 2021, pro se plaintiff Dashon Hines (“plaintiff”) filed this 42 U.S.C. § 1983 action alleging that defendant violated the American Rescue Plan Act of 2021 when it misinformed him about the date and time of an administrative hearing. Dkt. No. 1. Plaintiff also sought leave to proceed in forma pauperis (“IFP application”). Dkt. No. 2. 1
On November 5, 2021, U.S. Magistrate Judge Andrew T. Baxter granted plaintiffs IFP application for the purpose of filing only and advised by Report & Recommendation (“R&R”) that plaintiffs complaint be dismissed without prejudice for improper venue. Dkt. No. 3. In light of plaintiffs extensive history of filing frivolous litigation in this judicial district, Judge Baxter's R&R further recommended that this matter be referred to Chief District Judge Glenn T. Suddaby for the issuance of a pre-filing injunction. Id.
Plaintiff has filed objections. Dkt. No. 4. Upon de novo review of the portions to which plaintiff has objected, the R&R will be accepted and adopted in all respects. See 28 U.S.C. § 636(b)(1)(C).
Therefore, it is
ORDERED that
1. The Report & Recommendation is ACCEPTED;
2. Plaintiffs complaint is DISMISSED without prejudice for improper venue; and
3. This matter is REFERRED to Chief Judge Suddaby for the issuance of a pre-filing injunction.
IT IS SO ORDERED. 2