Opinion
Case Number: 20-20668-CIV-MORENO
03-19-2020
MATTHEW FAISON, Plaintiff, v. JOHN HENDRY DOE, JIMMIE CARE, and JILL CARE, Defendants.
Copies furnished to: Matthew Faison 038634-CI-125 Calhoun Correctional Institution Inmate Mail/Parcels 19562 SE Institution Drive Blountstown, FL 32424 Pro Se
ORDER DENYING MOTION FOR RECONSIDERATION
THIS CAUSE came before the Court upon the Plaintiff's Motion for Reconsideration (D.E. 8), filed on March 13 , 2020 .
THE COURT has considered the motion, the attached evidence, the pertinent portions of the record, and is otherwise fully advised in the premises.
The Court previously denied the Plaintiff's Motion to Proceed In Forma Pauperis and dismissed the complaint without prejudice because the Plaintiff is a "three striker" under Section 1915(g) and failed to adequately allege that he is under "imminent danger of serious physical injury." (D.E. 7 at 2-3.)
The Plaintiff now moves for reconsideration and alleges that his "ailments and the treatment the medical clinic [is] not providing [is] the medicine for {hepatitis (c)}." (D.E. 8 at 2.) In support, the Plaintiff also attaches three pieces of evidence. First, he attaches a Florida Department of Corrections "Chronological Record of Health" form that includes medical notes only from 2016 and 2017. Id. at 4. Second, he provides a Florida Department of Corrections "Inmate Sick-Call Request" from from February 2017. Id. at 5. Finally, he attaches "Confidential Legal Mail" from the Florida Justice Institute regarding "Final Order in Hoffer v. Inch (the Hepatitis C Class Action)." Id. at 6-7.
Same as before, the Court finds that the Plaintiff's generalized and conclusory assertion is not enough to allege imminent danger of serious physical injury such that the Plaintiff can proceed without paying the required filing fee. Furthermore, although the Plaintiff's evidence shows that he has Hepatitis C, the medical documents relate to events several years ago, and none of the evidence demonstrates that the Plaintiff is in imminent danger of serious physical injury.
Finally, the Plaintiff's allegations alone are insufficient to allow him to proceed without paying the required filing fee. See Abdullah v. Migoya, 955 F. Supp. 2d 1300, 1307 (S.D. Fla. 2013) (denying motion to proceed in forma pauperis and dismissing complaint where the plaintiff "failed to present any evidence to support his allegation that he [was] in imminent danger of serious physical injury entitling him to invoke the exception" in Section 1915(g)); see also Skillern v. Paul, 202 F. App'x. 343, 344 (11th Cir. 2006) (affirming dismissal of complaint Where "vague statements [did] not satisfy the dictates of § 1915(g)").
For these reasons, it is
ADJUDGED that the Plaintiff's Motion for Reconsideration is DENIED.
DONE AND ORDERED in Chambers at Miami, Florida, this 19th of March 2020.
/s/_________
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE Copies furnished to: Matthew Faison
038634-CI-125
Calhoun Correctional Institution
Inmate Mail/Parcels
19562 SE Institution Drive
Blountstown, FL 32424
Pro Se