Muhammad v. Rance Reehl Coldwell Bank Real Estate ( 2019 )

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 28 U.S.C. § 1915(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 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that this action is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (holding that an action must be dismissed without prejudice when an inmate who is subject to 28 U.S.C. § 1915(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, 259 F.3d 1321, 1324 (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, 535 U.S. 976 (2002). DONE and ORDERED this the 8th day of March 2019. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE