Selden v. Kovachevich et al

Filing 31

OPINION AND ORDER Pro se Plaintiff Glenn Lee Selden Opinion and collateral order (Doc. 1) is DISMISSED without prejudice under 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 5/10/2019. (SLU)

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

Case No: 2:18-cv-402-FtM-99MRM

ELIZABETH A. KOVACEVICH, and
UNKNOWN DEFENDANT,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on Pro Se Plaintiff Glenn Lee Selden’s Opinion
and Collateral Order (Doc. 1). The ten page Opinion and Collateral Order and 43 pages
of attached exhibits (Docs. 1-1), references many federal statutes, state court actions,
and international laws, is incomprehensible. It comprises various pages of unrelated
correspondence 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
seeking to articulate or what relief he seeks. Plaintiff did not move to proceed in forma
pauperis when he filed this action. Because Plaintiff is a three-strike litigant, the Court

1

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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 these 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 under 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 under 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
dismissed without prejudice to Plaintiff filing a new civil rights complaint form and
paying the full $400.00 filing fee when the complaint is filed.
Accordingly, it is now

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ORDERED:
(1)

Pro se Plaintiff Glenn Lee Selden Opinion and collateral order (Doc. 1) is

DISMISSED without prejudice under 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 10th day of May 2019.

SA: FTMP-2
Copies:
Glenn Lee Selden

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