Opinion
NO. CV-13-108-JPH
07-10-2013
SHANNON BRUCE MORLEY, Plaintiff, v. CORRECTIONS OFFICER JOHN MARSHAL and COMMANDER NOAH STUART, Defendants.
ORDER ADOPTING REPORT AND
RECOMMENDATION, DENYING
APPLICATION TO PROCEED IN
FORMA PAUPERIS, DISMISSING
COMPLAINT AND DENYING PENDING
MOTIONS
Magistrate Judge Hutton filed a Report and Recommendation on June 17, 2013, recommending Mr. Morley's application to proceed in forma pauperis be denied under 28 U.S.C. § 1915(g), that his complaint dismiss and all pending motions be denied as moot. There being no objections, the Court ADOPTS the Report and Recommendation. The Application to Proceed in forma Pauperis is DENIED as precluded under 28 U.S.C. § 1915(g). The Complaint is DISMISSED without prejudice for failure to comply with the filing fee requirements of 28 U.S.C. §§ 1914 and 1915. The pending Motion to Amend/Correct Complaint, ECF No. 6, is DENIED as moot.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order, enter judgment, forward a copy to Plaintiff at his last known address and close the file. The Court certifies any appeal of this dismissal would not be taken in good faith.
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LONNY R. SUKO
UNITED STATES DISTRICT JUDGE