Evans v. Crosby et al

Filing 4

ORDER dismissing case without prejudice. Signed by Judge Howell W. Melton on 2/13/2007. (JAE)

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Evans v. Crosby et al Doc. 4 Case 3:07-cv-00097-HWM-TEM Document 4 Filed 02/14/2007 Page 1 of 3 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION STEVEN MAURICE EVANS, Plaintiff, Case No. 3:07-cv-97-J-l2TEM JESSE WHITFIELD, et al., Defendants. ORDER OF DISMISSAL WITHOUT PREJUDICE Plaintiff, an inmate of the Florida penal system proceeding pro and in forma ~ a u ~ e r i sinitiated this action by filing a , On April 26, 1996, civil rights complaint on February 12, 2007. the President signed into law the Prison Litigation Reform Act (hereinafter PLRA) which amended 28 U.S.C. S 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 Dockets.Justia.com Case 3:07-cv-00097-HWM-TEM Document 4 Filed 02/14/2007 Page 2 of 3 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) (1998). Section 1915(g) requires this Court to consider prisoner actions dismissed before, as well as after, the enactment of the PLRA. 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) 3:06-cv-1052-J-33MCR (abuse of the judicial process) ; (2) 3:06-cv-1053-5-12MMH (abuse of the judicial process and frivolous); and, (3) 3:06-cv-1059-J-20TEM (frivolous) . Because Plaintiff has had three or more prior dismissals and is not under imminent danger of serious physical injury, his application to proceed forma ~ a u ~ e r iwill be denied and this s 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 $350.00 filing fee. Therefore, it is now ORDERED AND ADJUDGED : 1. Plaintiff's application to proceed in forma pau~eris (Doc. # 2 ) is DENIED. 2. This case is hereby DISMISSED without prejudice. -2- Case 3:07-cv-00097-HWM-TEM Document 4 Filed 02/14/2007 Page 3 of 3 3. The C l e r k o f t h e C o u r t s h a l l e n t e r judgment a c c o r d i n g l y and c l o s e t h i s case. DONE AND ORDERED a t J a c k s o n v i l l e , F l o r i d a , t h i s F e b r u a r y , 2007. 1 3 ~ 1 4 .d a y of UNITED STATES DISTRICT J U D G E d w r(nm s a 2/13 C: S t e v e n Maurice Evans

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