Opinion
Case No: 2:18-cv-6-FtM-38CM
01-12-2018
KEITH HENDERSON25, Plaintiff, v. FLORIDA STATE HOSPITAL, SEAN CHAMBERLIN, VERN SCARLET, IRENA POPE, KRISTI WAGNER, BRIAN ARNOLD, KIMERLY COOK, LAUREN UNKNOWN, BRITNEY BARNES, VICKIE BAXTER, WILL SMITH, LARRY LONG, FOURTEENTH JUDICIAL CIRCUIT MARIANNA FL, KIMERLY D JEWELL, PATTERSON JUDGE, JUDGE GAY, MERCER JUDGE, MICHAEL MILLER, LOUIS ROBERTS, MARK FOREMAN, JASON MCCOY, CHIEF WHITE, JAMIE JETER, BETSY ROXBERG, SERGEANT WATFORD, HAYES BAGGETT, LT GARVIN, CHARLES MOOREHEAD, SERGEANT TORO, CARL JONES, KATHY P., TIFFANY RUSSELL, ORANGE COUNTY CLERK OF THE COURT, COUNTY COURTS ORLANDO FL, WHEELER STATE PRISON, BALDWIN STATE PRISON, GEORGIA STATE PRISON, HAYS STATE PRISON, JOHNSON STATE PRISON, TIMONTHY JONES, DEBORAH S. BLECHMAN, JERRY DIMINS, ORANGE COUNTY CORRECTIONS ADMINISTRATIONS SECURITY, OFC WRIGHT, NICHOLAS THOMAS, CLERK OF THE CIRCUIT COURT GADSON COUNTY, W. LOUIS SANDS, MARVIN S. ARRINGTON, SR. , ANN MONTGOMERY, US DISTRICT ALBANY DIV, US DISTRICT COURT MACON, US DISTRICT PANAMA CITY DIVISION, US DISTRICT MINNESOTA DIVISION, US DISTRICT BANGOR MAINE, US DISTRICT PORTLAND MAINE, US DISTRICT ALABAMA, US DISTRICT MISSIPPI, US DISTRICT IDAHO, US DISTRICT FT MYERS FL, US DISTRICT TAMPA, US DISTRICT ORLANDO, US DISTRICT SAN FRANCISCO DIV, US DISTRICT BOSTON DIV, JOSE MORALES, SHEILA ARU, ROBERT TOOLE and LARRY BUTTS, Defendants.
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This matter comes before the Court on initial review of the Plaintiff Keith Henderson's Civil Rights Complaint (Doc. #1) filed on January 5, 2018. Plaintiff is currently incarcerated in Jackson County Correctional Institute in Marianna, Florida. Plaintiff's Complaint merely lists certain rules and regulations related to the appeals process in Florida's state courts. The nature of Plaintiff's Complaint cannot be discerned and his grounds for relief are unclear.
Furthermore, the Prison Litigation Reform Act (hereinafter PLRA), which amended 28 U.S.C. § 1915, contains 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, known as the "Three Strikes Rule" only permits a prisoner to file "three meritless suits at the reduced rate." Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). Additionally, the Court may consider prisoner actions dismissed before, as well as after, the enactment of the PLRA. Rivera v. Allin, 144 F.3d 719, 730 (11th Cir.1998).
Courts in Florida have found that Plaintiff has three strikes under § 1915(g). See Henderson v. Covington, 3:14-cv-1356-J-32JBT; Henderson v. Quinn, 5:14-cv-175 RS-GRJ (N.D. Fla. 2014). Because Plaintiff has had three or more qualifying dismissals and it does not appear that he is in imminent danger of serious physical injury, this action will be dismissed without prejudice. If Plaintiff wishes to prosecute this action, he is required to file a new civil rights complaint form and pay the $350.00 filing fee.
Accordingly, it is now
ORDERED:
(1) Plaintiff Keith Henderson's Civil Rights Complaint (Doc. #1) is DISMISSED without prejudice.
(2) The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions, and close the file.
DONE and ORDERED in Fort Myers, Florida this 12th day of January, 2018.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE Copies:
Keith Henderson
SA: FTMP-2