Selden v. Sleet et al
Filing
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OPINION AND ORDER. This case is DISMISSED without prejudice under 28 U.S.C. § 1915(g). The Clerk of Court is directed to terminate any pending motions, close this case, and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 4/2/2018. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GLENN LEE SELDEN,
Plaintiff,
v.
Case No: 2:18-cv-120-FtM-38CM
DANIEL A SLEET, JULIE L. JONES,
PAMELA BONDI, WILLIAM J.
ALEXANDER and ELIZABETH A.
KOVACHEVICH,
Defendants.
/
OPINION AND ORDER1
Plaintiff Glenn Lee Selden initiated this action by filing a “Complaint for Violation of
Civil Rights (Prisoner Complaint)” (Doc. 1, “Complaint”). The Complaint, which is 63
pages in length, with an additional 190 pages of exhibits attached (Docs. 1-1 through 18), references numerous federal statutes and international laws and is wholly
incomprehensible. It is comprised of various pages of the complaint form, unrelated
correspondence, drawings, excerpts from articles or books, and notices and court orders
from previous state and federal cases filed by Plaintiff. The Court has attempted, but
cannot discern what, if any, claim Plaintiff is attempting to articulate or what relief he
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seeks. Plaintiff accompanied the filing of his Complaint with a request to proceed in forma
pauperis (Doc. 2). Because Plaintiff is a three-strike litigant, the Court will dismiss the
Complaint to Plaintiff re-filing the complaint in a new action accompanied by the requisite
$400 filing fee.
In pertinent part, The Prison Litigation Reform Act (PLRA) contains the following
subsection:
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
claims upon which relief may be granted, unless the prisoner
is under imminent danger of serious physical injury.
28 U.S.C. § 1915(g). The Court takes judicial notice of the following filings brought by
Plaintiff in a federal court that qualify as a dismissal under § 1915(g):
Selden v. Federal Agent Brian Watson, et al., Case No. 6:09-cv-1834-18DAB,
(M.D. Fla. Oct, 4, 2009) (finding action “lacks an arguable basis in law” and
dismissing complaint “as frivolous”);
Selden v. Murray, Case No. 8:09-cv-2207-JDW-AEP (M.D. Fla. Nov. 5, 2009)
(dismissing complaint “for failure to state a claim”);
Selden v. Correctional Medical Authority, et al., Case No. 4:10-cv-143-RH/WCS,
2010 WL 3385254 *1 (N.D. Fla. August 25, 2010) (accepting report and
recommendation finding complaint entirely fanciful and dismissing it pursuant to
28 U.S.C. § 1915(e)(2)(B));
Selden v. United States, CIA, et al., Case no. 11-00621 LEK/KSC (D. Hawaii Oct.
19, 2011) (finding complaint “completely frivolous and unconnected with reality”
and dismissing it pursuant to 28 U.S.C. §§ 1915A(b) & 1915(g)).
Because Plaintiff is currently incarcerated, has had three or more qualifying
dismissals, and is not under imminent danger of serious physical injury, this action will be
dismissed without prejudice to Plaintiff filing a new civil rights complaint form and paying
the full $400 filing fee at the time the complaint is filed.
2
ACCORDINGLY, it is hereby ORDERED:
1.
This case is DISMISSED without prejudice under 28 U.S.C. § 1915(g).
2.
The Clerk of Court is directed to terminate any pending motions, close this
case, and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 2nd day of April, 2018.
SA: FTMP-1
Copies: All Parties of Record
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