Opinion
CASE NO. 4:13cv126-RH/CAS
04-04-2013
DWAYNE A. McGEE, Plaintiff, v. KENNETH L. TUCKER, Defendant.
ORDER OF DISMISSAL
This case is before the court on the magistrate judge's report and recommendation, ECF No. 7, and the objections, ECF No. 17. I have reviewed de novo the issues raised by the objections.
As noted in the report and recommendation, the plaintiff has at least three "strikes" under 28 U.S.C. § 1915(g). He admits this. The plaintiff has not adequately alleged that he is in imminent danger of serious physical injury. The plaintiff therefore cannot proceed in forma pauperis. Accordingly,
IT IS ORDERED:
The report and recommendation is ACCEPTED and adopted as the court's opinion. The clerk must enter judgment stating, "The complaint is dismissed without prejudice." The clerk must close the file.
Robert L. Hinkle
United States District Judge