Opinion
CIVIL ACTION NO. 11-00229-CB-B.
October 18, 2011
ORDER
This matter is before the Court on a Report and Recommendation of the Magistrate Judge recommending that this action be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g). (Doc. 14.) Plaintiff is a state prisoner who has had at least three prior actions or appeals dismissed as frivolous. In response to the Report and Recommendation, Plaintiff has filed a "Motion for Good Cause Shown." He does not dispute the applicability of the "three strikes" rule. Instead, Plaintiff requests that the Court return his complaint and exhibits so that he may refile the complaint at a later date when he has the funds to do so. (Doc. 16.)
After due and proper consideration of all pleadings, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. This action is hereby DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). Plaintiff's motion seeking return of his complaint and exhibits is hereby DENIED.
These documents are part of the Court record and cannot be removed.