TOBIN v. PERKINS
TOBIN v. PERKINS
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION MATTHEW A. TOBIN, Plaintiff, v. Case No.: 3:25cv642-MW/HTC OFFICER GRAY, et al., Defendants. _________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 6, and has also reviewed de novo Plaintiff’s objections, ECF No. 7. Plaintiff’s objections do not call into doubt the Magistrate Judge’s recommendation that Plaintiff’s claims are due to be dismissed under
28 U.S.C. § 1915(g) because his allegations do not give rise to the imminent-harm exception. Instead, this Court agrees with the Magistrate Judge that Plaintiff’s allegations are conclusory or concern past events, and thus, insufficient to permit Plaintiff to proceed as a three-striker without paying the filing fee. See O’Connor v. Sec’y, Fla.
Dept. of Corrs.,
732 F. App’x 768(11th Cir. 2018). Accordingly, IT IS ORDERED:
The report and recommendation, ECF No. 6, is accepted and adopted, over the Plaintiff’s objections, as this Court’s opinion, The Clerk shall enter judgment stating, “Plaintiff’ s case is DISMISSED with out prejudice under
28 U.S.C. § 1915(g) because Plaintiff is a three-striker who has not paid the filing fee and has not sufficiently alleged he is under imminent danger of serious physical injury.” Plaintiff’s pending motions, ECF No. 3 and 11, are DENIED as moot. The Clerk shall close the file.
SO ORDERED on July 24, 2025. s/Mark E. Walker ____ United States District Judge
Reference
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