Opinion
Case No. 8:06-CV-216-T-30MSS.
April 19, 2006
ORDER
Plaintiff, an inmate of the Florida penal system proceeding pro se, initiated this action by filing a civil rights complaint pursuant to 42 U.S.C. § 1983. Plaintiff has also filed an affidavit of indigency in which he seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 (Dkt. 2).
On April 26, 1996, the President signed into law the Prison Litigation Reform Act (hereinafter " PLRA") which 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) (2005). The Court takes judicial notice of filings brought by Plaintiff in a Court of the United States that were dismissed on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted: (1) Mayes v. 13th Judicial Circuit, et al., 8:00-cv-2156-T-24MAP (M.D. Fla. 2000) (failure to state a claim); (2) Newsome v. Dep't of Corrs., et al., 4:00-CV-150-WS (N.D. Fla. 2000) (failure to state a claim); (3) Mayes v. Pasco County Sheriff's Office, et al., 8:00-CV-1372-T-30EAJ (M.D. Fla. 2002) (failure to state a claim); (4) Mayes v. Pasco County Sheriff's Dep't, et al., No. 02-11092-H (11th Cir. 2002) (appeal dismissed as frivolous).
Because Plaintiff has on four occasions while incarcerated 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, his application to proceed in forma pauperis will be denied and this action will be dismissed without prejudice. See 28 U.S.C. § 1915(g); Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). Plaintiff has not shown that he is under imminent danger of serious physical injury. Plaintiff may initiate a new civil rights action by completing and filing the enclosed civil rights complaint form and paying the full $350.00 filing fee. Id. (holding that "[a]fter the third meritless suit, the prisoner must pay the full filing fee at the time he initiates suit" (emphasis added) (citation omitted)).
ACCORDINGLY, the Court ORDERS that:
1. Plaintiff's request to proceed in forma pauperis (Dkt. 2) is DENIED.
2. This case is hereby DISMISSED without prejudice.
3. The Clerk of the Court shall enter judgment accordingly, terminate any pending motions, and close this case.
4. The Clerk shall enclose a copy of the court-approved civil rights complaint form with Plaintiff's copy of this order.
DONE and ORDERED.