IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

DRELIJAH J. MUHAMMAD, a/k/a ) MARCUS ORLANDO TATE, a/k/a ) MARCUS ORLANDO TAITE, a/k/a ) DR. ELIJAH JOSHUA MUHAMMAD, II, ) # 180664,1 ) ) Plaintiff, ) ) vs. ) CIVIL ACTION NO. 1:18-cv-501-TFM-B ) RANCE REEHL COLDWELL BANK ) REAL ESTATE, et al., ) ) Defendants. )

ORDER

On January 25, 2019, the Magistrate Judge entered a Report and Recommendation (Doc. 8) which recommends dismissal of the action pursuant to

(g) because he did not pay the filing fee at the time he filed the action nor does this action meet the exception under § 1915(g). Plaintiff timely filed objections (Doc. 10) After due and proper consideration of all portions of this file deemed relevant to the issue raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under

(b)(1)(B) is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action is DISMISSED without prejudice pursuant to

(g). Dupree v. Palmer,

(11th Cir. 2002) (holding that an action must be dismissed without prejudice when an inmate who is subject to

(g)

1 The Alabama Department of Corrections’ website lists these aliases and others for Marcus Taite, AIS # 180664. does not pay the full filing fee at the time he initates the action) (emphasis in original); Vanderberg v. Donaldson,

(11th Cir. 2001) (holding that the filing fee paid must be paid by an inmate subject to § 1915(g) at the time an action is commenced), cert. denied,

(2002). DONE and ORDERED this the 8th day of March 2019.

/s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE