Opinion
5:24-cv-350-JSS-PRL
07-25-2024
DOUGLAS MARSHALL JACKSON, Plaintiff, v. RICKY D. DIXON, et al., Defendants.
ORDER
IGNITED STATES DISTRICT JUDGE
Plaintiff Douglas Marshall Jackson, a Florida prisoner proceeding pro se, initiated this action by filing a complaint under 42 U.S.C. § 1983. (Dkt. 1.) In the complaint, Plaintiff alleges that Defendants are burdening his First Amendment right to practice his religion and are retaliating against him through a “transfer and loss of property” for grievances that he has filed. (Id. at 5.) Plaintiff did not pay the filing fee.
The Prison Litigation Reform Act (PLRA) amended 28 U.S.C. § 1915 by adding the following subsection:
(g) In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.28 U.S.C. § 1915(g). Section 1915(g), commonly referred to as the “three-strikes provision,” requires this court to consider the prior actions filed by a prisoner plaintiff which were dismissed as frivolous or malicious or because they failed to state a claim.
The court takes judicial notice of Plaintiff's previous actions which were dismissed as frivolous or malicious or because they failed to state a claim: Jackson v. Inch, et al., No. 5:21-cv-00255-TPB-PRL (M.D. Fla. Dec. 2, 2021); Jackson v. Inch, No. 3:21CV732-MCR-EMT (N.D. Fla. Nov. 9, 2021); Jackson v. Inch, No. 3:21CV132-MCR-HTC (N.D. Fla. Mar. 29, 2021); Jackson v. Fla. Dep't of Corr., No. 3:20CV5882-LC-HTC (N.D. Fla. Dec. 29, 2020); Jackson v. Sec'y, Fla. Dep't of Corr., No. 5:20-cv-237-RDB-PRL (M.D. Fla. Aug. 13, 2020); Jackson v. Fla. Dep't of Corr., No. 20-CV-20777-BB (S.D. Fla. Apr. 8, 2020). The court also takes judicial notice of previous actions filed by Plaintiff which were dismissed based on the three-strikes provision: Jackson v. Dixon, et al., 5:22-cv-313-WWB-PRL (M.D. Fla. July 14, 2022); Jackson v. Inch, et al., 5:21-cv-00183-WWB-PRL (M.D. Fla. Apr. 5, 2021).
Because Plaintiff has three or more prior qualifying dismissals and his allegations do not warrant the imminent-danger exception to dismissal, this action will be dismissed without prejudice. Plaintiff may initiate a new civil rights action by filing a new civil rights complaint form and paying the full $405 filing fee.
Accordingly:
1. The complaint (Dkt. 1) is DISMISSED without prejudice under 28 U.S.C. § 1915(g).
2. The clerk is DIRECTED to enter judgment, deny as moot any pending motions, terminate any pending deadlines, and close this case.
ORDERED.