Opinion
Case No. 4:06cv65-RH/WCS.
February 15, 2006
REPORT AND RECOMMENDATION
Plaintiff, an inmate currently incarcerated in the custody of the Florida Department of Corrections, has submitted a pro se complaint. Doc. 1. Plaintiff has not submitted the filing fee for this case. Plaintiff has also not submitted an in forma pauperis motion because Plaintiff has had three or more prisoner actions dismissed on the grounds that they were either frivolous, malicious, or failed to state a claim. Accordingly, Plaintiff is not entitled to in forma pauperis status in the federal courts. 28 U.S.C. § 1915(g).
In case 4:05cv422-MP/AK, Plaintiff's complaint was dismissed because Plaintiff was not entitled to proceed in forma pauperis and did not pay the required filing fee. Docs. 3, 5 of that case. The Order adopting the report and recommendation, doc. 3, was entered on January 11, 2006. Doc. 5. Plaintiff is well aware that he is not entitled to proceed without full prepayment of the court's $250.00 filing fee.
Plaintiff's allegations do not bring him within the imminent danger exception to § 1915(g). Because Plaintiff received a "strike" in cases 1:04cv02-MP/AK, 1:03cv169-MP/AK, and 1:04cv414-MP/AK, this case must be dismissed without prejudice to Plaintiff refiling the case and simultaneously submitting the full filing fee. See Dupree v. Palmer, 284 F.3d 1234 (11th Cir. 2002).
In light of the foregoing, it is respectfully RECOMMENDED that Plaintiff's complaint, doc. 1, be DISMISSED without prejudice because Plaintiff is barred by 28 U.S.C. § 1916(g) from initiating a civil rights case in federal court without full payment of the filing fee at the time he submits the complaint.