Summary
recognizing that "several courts have held that a strike may be earned for a partial dismissal of an action on the grounds described in Section 1915(g)" and that a plaintiff "might earn a strike because some of his claims were dismissed for frivolousness, maliciousness, or failure to state a claim"
Summary of this case from Pointer v. WilkinsonOpinion
9:05-CV-0824.
May 22, 2007
DELTA L. EADY, No. 13057-074, Plaintiff, Pro Se, United States Penitentiary Big Sandy, Inez, KY.
HON. GLENN T. SUDDABY, U.S. Attorney for the Northern District of NY, BARBARA D. COTTRELL, ESQ., Assistant U.S. Attorney, Counsel for Defendants, Albany, NY.
ORDER
The above matter comes to me following a Report-Recommendation by Magistrate Judge George H. Lowe, duly filed on the 30th day of April, 2007. Following ten days from the service thereof, the Clerk has sent me the file, including any and all objections filed by the parties herein.
After careful review of all of the papers herein, including the Magistrate Judge's Report-Recommendation, and no objections submitted thereto, it is
ORDERED, that:
1. The Report-Recommendation is hereby approved.
2. The Defendants' motion to revoke Plaintiff's informa pauperis status and to conditionally dismiss his complaint is denied.
3. The Plaintiff's motion for sanctions is denied.
4. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
IT IS SO ORDERED.