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Wright v. Peterson

United States District Court, Southern District of Georgia, Waycross Division

February 2, 2015

ESAA S. WRIGHT, Plaintiff,
v.
S. PETERSON; Officer TAYLOR; Officer PAYNE; and EDWINA JOHNSON, Defendants.

ORDER

LISA GODBEY WOOD, CHIEF 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 asserts that a risk of future injury is enough to invoke the imminent danger exception to the three strikes provision, 28 U.S.C. § 1915(g). In his Complaint, as amended, Plaintiff sets forth contentions stemming from events which allegedly occurred in October 2012. Plaintiffs contentions in no way reveal that he was in imminent danger at the time he filed his Complaint on October 16, 2014, which is the operative time for purposes of § 1915(g). Medberry v. Butler, 185 F.3d 1189, 1193 (11th Cir. 1999) (noting that, to fall under the imminent danger of serious physical injury exception, the inmate must be in imminent danger at the time he files his complaint in district court).

Plaintiffs Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Plaintiffs Complaint, as amended, is DISMISSED, without prejudice. If Plaintiff wishes to proceed with this action, he may submit another complaint along with the full filing fee. The Clerk of Court is directed to enter the appropriate judgment of dismissal.

SO ORDERED


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