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West v. Magruder

United States District Court, S.D. Georgia, Statesboro Division

August 20, 2014

MARQUIS B. WEST, Plaintiff,
v.
ANDREW M. MAGRUDER; DEANA S. JOHNSON; THURBERT E. BAKER; KATHLEEN PACIOUS; and DEVON ORLAND, Defendants.

ORDER

B. AVANT EDENFIELD, District Judge.

After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff filed Objections. In his Objections, Plaintiff contends that his course of treatment for alleged mental health issues is hazardous to his health and has placed him at risk of serious physical injury. Even accepting this contention as true, Plaintiff fails to show that he was in imminent danger of serious physical injury at the time he filed his Complaint on June 3, 2014. Additionally, even if Plaintiffs allegations met the imminent danger exception to allow him to proceed with this cause of action without paying his requisite filing fee, Plaintiff fails to show how the named Defendants acted in any way to cause this imminent danger.

Plaintiff's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Plaintiff's Motion for Temporary Restraining Order is DENIED. Plaintiffs Complaint is DISMISSED, without prejudice. The Clerk of Court is directed to enter the appropriate judgment of dismissal.

SO ORDERED.


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