Smith v. Dozier et al, No. 1:2018cv04995 - Document 5 (N.D. Ga. 2019)

Court Description: OPINION AND ORDER ADOPTING the Magistrate Judge's 3 Final Report and Recommendation. This case is hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge Orinda D. Evans on 1/11/2019. (sap)

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Smith v. Dozier et al Doc. 5 IN THE UNITED STATES DISTRICT COLT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION JAN 1 4 2019 6~ /~'°.~ ROBERT ANTHONY SMITH, Plaintiff, CIVIL ACTION FILE NO. 1:18-CV-4995-ODE-RGV V. GREGORY DOZIER, Commissioner Georgia Dept. of Corrections; WARDEN DELOACH; ROGERS S.P., et al., Defendants. ORDER This pro se civil case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Russell G. Vineyard filed November 21, 2018 [Doc. 3] ("R&R"). No objections have been filed. In the R&R, Judge Vineyard recommends that this action be dismissed without prejudice. Specifically, Judge Vineyard found that Plaintiff, while, incarcerated, has filed at least three prior cases that were Plaintiff's dismissed complaint for failure does not exception to 28 U.S.C. § 1915(g). to state satisfy the a claim, and "imminent that danger" Therefore, the case is due to be dismissed. The Court having read and considered the R&R and noting the absence of any objections thereto, it is ADOPTED as the opinion and order of the Court. For the reasons set forth in the R&R, this case is DISMISSED WITHOUT PREJUDICE. Dockets.Justia.com SO ORDERED, this /3 day of January, 2019. ORINDA D. EVANS UNITED STATES DISTRICT JUDGE -2-

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