TOBIN v. MASHBURN et al

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
MATTHEW A. TOBIN,
Plaintiff,
v. 	Case No.: 5:26cv113-MW/HTC
WARDEN MASHBURN, et al.,
Defendants.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 3, and has also reviewed de novo Plaintiff’s objections,
ECF No. 4. Contrary to Plaintiff’s arguments to the contrary, Plaintiff is a three-
striker who has not paid the filing fee. Moreover, he now seeks relief based on a past
use of force but does not allege facts demonstrating that he faces imminent danger
of serious physical injury, and thus, is required to pay the filing fee.
Accordingly,
IT IS ORDERED:
The report and recommendation, ECF No. 3, is accepted and adopted, over
the Plaintiff’s objections, as this Court’s opinion, The Clerk shall enter judgment
stating, “This case is DISMISSED without prejudice because Plaintiff is a three-
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striker under 28 U.S.C. § 1915(g) who has neither paid the filing fee nor alleged he
is in imminent danger of serious physical injury.” The Clerk shall close the file.
SO ORDERED on May 11, 2026.
s/Mark E. Walker
United States District Judge
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