Searcy v. Fifth Judicial Circuit for Sumter County, Florida et al

Filing 9

ORDER: Because Plaintiff has had more than three prior dismissals on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted, and does not allege that he is under imminent danger of serious physical injury, this case is DISMISSED without prejudice pursuant to 28 U.S.C. 1915(g). The Clerk is directed to terminate any pending motions, and close the file. Signed by Judge James S. Moody, Jr on 5/2/2014. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION

EDGAR SEARCY,
Plaintiff,
v.

Case No. 5:14-cv-176-Oc-30PRL

FIFTH JUDICIAL CIRCUIT FOR
SUMTER COUNTY, FLORIDA, et al.,
Defendants.

ORDER OF DISMISSAL
Plaintiff, pro se, is an inmate at the Federal Medical Center in Fort Worth, Texas.
Plaintiff initiated this action by the filing of Civil Rights Complaint (Doc. 1), in which he
alleges Defendants have published “stigmatizing information” about him on the record in
public. Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis. (Doc. 2).
Upon due consideration, Plaintiff’s motion (Doc. 2) is DENIED. “Proceeding in forma
pauperis is a privilege, not a right, and permission to so proceed is committed to the sound
discretion of the court.”1
Further, after the enactment of the Prison Litigation and Reform Act (PLRA) of 1996,
28 U.S.C. § 1915 was amended by the addition of the following subsection:
(g) In no event shall a prisoner bring a civil rights 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

1

Camp v. Oliver, 798 F.2d 434, 437 (11th Cir. 1986) (citations omitted).

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.

Because Plaintiff has had more than three prior dismissals on the grounds that they
were frivolous, malicious, or failed to state a claim upon which relief may be granted,2 and
does not allege that he is under imminent danger of serious physical injury, this case is
DISMISSED without prejudice pursuant to 28 U.S.C. 1915(g).3 The Clerk is directed to
terminate any pending motions, and close the file.
DONE and ORDERED in Tampa, Florida on May 2, 2014.

Copies furnished to:
Pro se Plaintiff

2

Review of Court records reveals that Plaintiff has filed numerous civil actions, many which were dismissed
as frivolous or rejected because of the application of the three-strikes bar. See e.g., Searcy v. Microsoft Corp., case no.
5:04-cv-570 (dismissing for failure to state a claim and noting eight earlier actions brought by Plaintiff which were
dismissed as frivolous); see also Searcy v. Sumter County, case no. 14-3046 (D. Kan 2014)(dismissing case pursuant
to three strikes provision).
3

“[T]he proper procedure is for the district court to dismiss the complaint without prejudice when it denies the
prisoner leave to proceed in forma pauperis pursuant to the three strikes provision of § 1915(g). The prisoner cannot
simply pay the filing fee after being denied in forma pauperis status. He must pay the filing fee at the time he initiates
the suit.” Dupree v. Palmer, 284 F.3d 1234,1236 (11th Cir. 2002)
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