Opinion
No. 3:19-CV-05600-RBL-DWC
09-04-2019
JOHN GARRETT SMITH, Plaintiff, v. SANDRA ALDRIDGE, et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
THIS MATTER is before the Court the Report and Recommendation of Magistrate Judge David W. Christel [Dkt. # 8], Plaintiff Smith's Objections [Dkt. # 9], and the underlying record.
(1) The Report and Recommendation is ADOPTED.
(2) Smith's Application to Proceed in forma pauperis [Dkt. # 5] is DENIED.
(3) Smith is directed to pay the $400 filing fee within thirty (30) days of the date on which this Order is signed. Failure to timely submit the requisite filing fee will result in dismissal of this case without prejudice.
(4) As Smith has incurred three strikes under 28 U.S.C. § 1915(g), the Court finds Smith may not proceed on appeal with in forma pauperis status.
The Clerk shall send copies of this Order to Smith's last known address and to Magistrate Judge Christel.
IT IS SO ORDERED.
DATED this 4th day of September, 2019.
/s/_________
Ronald B. Leighton
United States District Judge