Selden v. Kovachevich et al

Filing 2

OPINION AND ORDER re: 1 Complaint is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). The Clerk of Court is directed to terminate any pending motions, close the case, and enter judgment accordingly. Signed by Judge Sheri Polster Chappell on 5/25/2018. (SLU)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GLENN LEE SELDEN,
Plaintiff,
v.

Case No: 2:18-cv-308-FtM-38MRM

ELIZABETH A. KOVACHEVICH,
PAMELA JO BONDI and UNNAMED
DEFENDANTS,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on Pro Se Plaintiff Glenn Lee Selden’s
Complaint for Violation of Civil Rights (Doc. 1) filed on May 3, 2018. The Complaint,
which is eleven pages in length, with an additional 122 pages of exhibits attached (Docs.
1-1 through 1-4), references numerous federal statutes, state court actions, and
international laws 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 seeks. Plaintiff did not file a motion to proceed in forma

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pauperis when he filed this action. 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 $400.00 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, 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 Auth., 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 three or more qualifying dismissals,

and is not under imminent danger of serious physical injury, this action will be

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dismissed without prejudice to Plaintiff filing a new civil rights complaint form and
paying the full $400.00 filing fee at the time the complaint is filed.
Accordingly, it is now
ORDERED:
(1)

Pro se Plaintiff Glenn Lee Selden Complaint for Violation of Civil Rights

(Doc. 1) is DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g).
(2)

The Clerk of Court is directed to terminate any pending motions, close the

case, and enter judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 25th day of May, 2018.

Copies:
All Parties of Record
SA: FTMP-2

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