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13-538 - Fanning v. Graham


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13-538 - Fanning v. Graham
December 5, 2013
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REPORT AND RECOMMENDATIONS re 1 Complaint filed by Duane Earl Fanning, III. It is recommended that the 2 MOTION for Leave to Proceed in forma pauperis be denied and that this action be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B)(i). Objections to R&R due by 12/26/2013.. Signed by Magistrate Judge Sonja F. Bivins on 12/5/2013. Copy mailed to Plaintiff. (tgw)
January 6, 2014
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ORDER ADOPTING the 3 REPORT AND RECOMMENDATIONS. It is ordered that the MOTION for Leave to Proceed in forma pauperis (Doc. 2) is denied, that this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and that this action be counted as a strike for purposes of future IFP eligibility under § 1915(g), in that it is malicious. Signed by Chief Judge William H. Steele on 1/6/2014. Copy mailed to Plaintiff. (tgw)
January 6, 2014
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JUDGMENT: It is ORDERED, ADJUDGED, and DECREED that Fanning's Motion to Proceed Without Prepayment of Fees (Doc. 2) be DENIED, that this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i), and that action be counted as a strike for purposes of future IFP eligibility under § 1915(g), in that it is malicious. Signed by Chief Judge William H. Steele on 1/6/2014. Copy mailed to Plaintiff. (tgw)