United States District Court, S.D. Alabama, Southern Division
July 3, 2014
DUANE EARL FANNING, III, #263799, Plaintiff,
CAPTAIN HOWARD, Defendant.
CALLIE V. S. GRANADE, District Judge.
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(A) is ADOPTED as the opinion of this Court. It is ORDERED that plaintiff's motion to proceed without prepayment of fees (Doc. 5) be DENIED, this action be DISMISSED without prejudice as malicious pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and that the action be counted as strike under 28 U.S.C. § 1915(g).
The Clerk is DIRECTED to send to the Commissioner of the Alabama Department of Corrections a copy of the report and recommendation recommending the dismissal of this action, this order adopting the report and recommendation, and the judgment dismissing this action.
DONE and ORDERED.