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In Re Anthony Moore

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NORTH DAKOTA SOUTHEASTERN DIVISION


July 10, 2012

IN RE ANTHONY MOORE

The opinion of the court was delivered by: Ralph R. Erickson, District Judge United States District Court

ORDER ADOPTING REPORT AND RECOMMENDATION

Anthony Moore, an inmate at the James River Correctional Center in Jamestown, North Dakota, submitted a proposed complaint and an application to proceed in forma pauperis. As a prohibited filer under the Prison Litigation Reform Act of 1996, he is not entitled to proceed in forma pauperis unless he is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g); see also, Martin v. Shelton, 319 F.3d 1048, 1050 (8th Cir. 2003). Moore asserts in his petition that he is in imminent danger of serious physical injury because he has no recourse to address matters in the state courts of North Dakota, including the North Dakota Supreme Court. Magistrate Judge Karen Klein has issued a Report and Recommendation concluding that Moore's claims are baseless and that in any event, his petition should be accepted because he is a prohibited filer based on his previous abuses of the judicial system.

The Court has reviewed the Report and Recommendation, along with the entire file, and finds the Magistrate Judge's analysis and recommendations are appropriate. Accordingly, the Court adopts the Report and Recommendation in its entirety. The Court acknowledges Moore's objection to the Report and Recommendation, but concludes that he has failed to allege the nature of any claimed serious bodily injury. The Clerk is instructed not to file the complaint submitted and to deny Moore's request to proceed in forma pauperis both in this Court and upon any appeal.

IT IS SO ORDERED.

Ralph R. Erickson

20120710

© 1992-2012 VersusLaw Inc.



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