Stephens v. Jones

WILLIAM STAFFORD SENIOR UNITED STATES DISTRICT JUDGE

Before the court is the magistrate judge's report and recommendation docketed Sepetember 14, 2016. See Doc. 7. The magistrate judge recommends that the plaintiff's case be dismissed pursuant to the three-strikes provision of 28 U.S.C. § 1915(g). The plaintiff has filed objections (doc. 8) to the magistrate judge's report and recommendation.

Having reviewed the magistrate judge's report and recommendation in light of the plaintiff's objections, this court has determined that the magistrate judge's report and recommendation should be adopted. Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 7) is hereby ADOPTED and incorporated by reference into this order.

2. The plaintiff's complaint and this action are DISMISSED WITHOUT PREJUDICE. Upon payment of the full $400.00 filing fee, the plaintiff may re-file a complaint that complies with Rule 8(a).

3. The clerk shall enter judgment stating: "This case is dismissed without prejudice pursuant to 28 U.S.C. § 1915(g)."

4. The plaintiff's motion (doc. 2) for in forma pauperis status is DENIED.

5. The Clerk of Court shall note on the docket that this case was dismissed pursuant to 28 U.S.C. § 1915(g).

DONE AND ORDERED this 3rd day of October, 2016.

s/ William Stafford

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE