Fields v. Muse et al

Filing 5

ORDER dismissing case Without Prejudice and Denying 2 Motion for leave to proceed in forma pauperis. Signed by Judge Harvey E. Schlesinger on 3/9/2006. (MY)

Fields v. Muse et al

Doc. 5

Case 3:06-cv-00213-HES-TEM

Document 5

Filed 03/09/2006

Page 1 of 2

D
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

ID Bb
COREY JAVON FIELDS, Plaintiff, v. CAPT. W. C. F. MUSE, et al., Defendants.
ORDER OF DISMISSAL WITHOUT PREJUDICE

Case No. 3:06-cv-213-J-20TEM

Plaintiff, an inmate of the Florida penal system proceeding
p9 r

se

and

in forma pauperis, initiated this action by filing a

"Federal Tort Complaint" (Doc. #1) (hereinafter Complaint) on March 6, 2006. 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.

The Court takes judicial notice of the following cases filed

by Plaintiff in federal court: (1) Case No. 5:00cv97/SPM/MD (N.D.
Fla.) (dismissed for failure to state a claim upon which relief may

Dockets.Justia.com

Case 3:06-cv-00213-HES-TEM

Document 5

Filed 03/09/2006

Page 2 of 2

be

granted) ;

(2) Case

No.

3:03-cv-932-J-25MCR

(M. D.

Fla. )

(dismissed for Plaintiff's abuse of the judicial process1); and, (3) Case No. 3:04-cv-572-J-g9MCR
(M.D.

Fla.)

(dismissed as

frivolous). Because Plaintiff has had three qualifying dismissals and is not under imminent danger of serious physical injury, his application to proceed

in forma

f auger is

will be denied and this

action will be dismissed without prejudice. Plaintiff may initiate a new civil rights action by filing a new civil rights complaint form and paying the full $250.00 filing fee. Therefore, it is now
ORDERED AND ADJUDGED :

1.

Plaintiff's application to proceed

in forma ~auperis

(Doc. #2) is DENIED.
2.

This case is hereby DISMISSED without prejudice. The Clerk of the Court shall enter judgment dismissing

3.

this case without prejudice.

4.

The Clerk of the Court shall close this case.

DONE AND ORDERED at Jacksonville, Florida, thjs

yfl day of

March, 2006.

ps 3/9
C:

Corey Javon Fields In Rivera v. Allin, 144 F.3d 719, 731 (11th Cir. 1998), the court found that "dismissal for abuse of the judicial process is precisely the type of strike that Congress envisioned when drafting section 1915(g)."

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