Johnson v. Hall et al, No. 7:2022cv00892 - Document 17 (N.D. Ala. 2022)

Court Description: MEMORANDUM OPINION. Signed by Judge R David Proctor on 12/9/2022. (KAM)

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Johnson v. Hall et al Doc. 17 FILED 2022 Dec-09 PM 12:27 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION ANTHONY LYNN JOHNSON, Plaintiff, v. TODD HALL, et al., Defendants. ) ) ) ) ) Case No. 7:22-cv-00892-RDP-SGC ) ) ) ) MEMORANDUM OPINION AND ORDER On November 10, 2022, the Magistrate Judge entered a Report and Recommendation recommending the court dismiss this action, filed by Plaintiff Anthony Lynn Johnson, pursuant to the three strikes provision of 28 U.S.C. § 1915(g). (Doc. 14). Johnson objected to the Report and Recommendation, stating he did not understand he was required to pay the filing fee at the time he initiated this lawsuit and requesting 90 days to pay the fee. (Doc. 16). However, as the Eleventh Circuit has held, when a prisoner with “three strikes” files a complaint without paying the filing fee, the district court should dismiss the complaint without prejudice. Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). “The prisoner cannot simply pay the filing fee after being denied in forma pauperis status. He must pay the filing fee at the time he initiates the suit.” Id. The only exception to this rule arises when “the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). After careful consideration of the record in this case and the Magistrate Judge’s Report and Recommendation, Johnson’s objection is OVERRULED. (Doc. 16). The court ADOPTS the Magistrate Judge’s Report and ACCEPTS the Recommendation. (Doc. 14). Consistent with that Dockets.Justia.com recommendation, Johnson’s application to proceed in forma pauperis is DENIED (Doc. 2), and this action is due to be dismissed without prejudice under 28 U.S.C. § 1915(g). A separate order will be entered. DONE and ORDERED this December 8, 2022. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2

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