Opinion
Case No. 4:14cv473-MW/CAS
11-03-2014
DARRYL MAURICE YOUNG, Plaintiff, v. T. M. JOHNSON, et al., Defendants.
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE
This Court has considered, without hearing, the Magistrate's Report and Recommendation, ECF No. 10, and has reviewed de novo Plaintiff's Objection to the Report and Recommendation, ECF No. 14. Upon consideration,
IT IS ORDERED:
The report and recommendation, ECF No. 10, is accepted and adopted as this Court's opinion over the objection of the Plaintiff. The Clerk shall enter judgment stating, "Plaintiff's motion for leave to proceed in forma pauperis, ECF No. 9 is DENIED. Plaintiff's complaint, ECF No. 1 is DISMISSED without prejudice, and ECF No. 6, motion for summons, along with ECF No. 8, request to take judicial notice, are DENIED inasmuch as Plaintiff is barred by 28 U.S.C. § 1915(g) from initiating a civil rights in federal court without full payment of the filing fee at the time Plaintiff submits the complaint. Further, Plaintiff's motion to proceed in forma pauperis, ECF No. 12, and motion to consider in forma pauperis status or imminent danger of serious physical injury, ECF No. 13, are DENIED on the merits. The Clerk shall note on the docket that this case is dismissed pursuant to 28 U.S.C. § 1915(g)." The Clerk shall close the file.
SO ORDERED on November 3, 2014.
s/ Mark E. Walker
United States District Judge