HAYNES v. HEART, et al

Filing 8

ORDER dismissing case without prejudice with directions to the Clerk. Signed by Senior Judge Harvey E. Schlesinger on 3/6/2012. (RH)

FILED
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDttlI7 HAl{
JACKSONVILLE DIVISION
-

-5 Prl 4: 56

CU:!1;-;, US DiSTHICT COURT
r·VJCL.:: OISm:CT Or- FL
. t.\ ~-: i' ~ ~~\ r~~. LE FLORIOJ\
!',

MICHAEL HAYNES,
Plaintiff,

v.

Case No. 3:12-cv-182-J-20TEM

SERGEANT HEART, et al.,
Defendants.
ORDER OF DISMISSAL WITHOUT PREJUDICE

Plaintiff, an inmate of the Florida penal system proceeding

pro se, initiated this action by filing a Civil Rights Complaint
(Doc.

#1).

The Prison Litigation Reform Act 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.
28 U. S.C. § 1915 (g) .
The Court takes judicial notice of filings previously brought
by

Plaintiff

Haynes

in

this

Court

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-407-J-32TEM;

(2)

3 : 06 - cv - 737 - J - 33MMH ;

and ,

(3)

3 : 07-cv-254 - J-32T EM.

Other

qualifying dis mis sals include :
3 : 07 - cv-274 - J-25TEM
3 : 07 -c v -2 92 -J- 25MCR
3 : 07-cv-300-J - 25HTS
3 : 07-cv-301-J-32TEM
3 : 07-cv-302-J-32MCR
3 : 07 - cv-303 - J-25TEM
3 : 07 - cv-304 - J-33HTS
3 : 07-cv-305 - J-25MCR
3 : 07 - cv - 306 - J-32MCR

Because

Plaintiff

has

had

three

or

more

prior

qualifying

dismissals and is not under imminent danger of serious physical
injury , this acti on will be dismissed wi th out 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 .
Ther e fore , it is now
ORDERED AND ADJUDGED :

1.

Th is c as e is hereby DISMISSED without prejudice .

2.

The Clerk of the Court shall enter judgment dismissing

this case without p r ejudice and close this case .

DONE AND ORDERED at Jacksonville , Florida , this

k

March , 2012 .

JUDGE

ps
c:

311

Michael Haynes

2

day of