Grimes v. Kelly et al

Filing 3

ORDER dismissing case Signed by Judge Roy B. Dalton, Jr. on 6/2/2017. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JEROME L. GRIMES,
Plaintiff,
v.

CASE NO. 6:17-cv-973-Orl-37GJK

EDWARD KELLY, JR., et al.,
Defendants.

/
ORDER

This case is before the Court on Plaintiff’s Civil Rights Complaint filed pursuant
to 42 U.S.C. § 1983 (Doc. 1) and Motion for Leave to Proceed in Forma Pauperis (Doc. 2).
Section 1915(g) of Title 28 limits a prisoner’s ability to bring a civil action in forma
pauperis under certain circumstances:
(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). Thus, if a prisoner has had three or more cases dismissed for one of
the recited reasons, he cannot proceed in forma pauperis and must pay the filing fee in
full at the time the lawsuit is initiated. Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir.
2002). Consequently, courts have a responsibility to dismiss cases, even sua sponte, under
28 U.S.C. ' 1915(g). See, e.g., Casey v. Scott, 493 F. App’x 1000, 1001 (11th Cir. 2012).

The Court takes judicial notice of orders entered in the United States District Court
for the Northern District of California and the United States District Court for the Western
District of Louisiana. In case number 4:15-cv-436-JSW(PR), the Northern District of
California noted that “[o]n May 18, 2000, this Court informed Plaintiff that under the
‘three-strikes’ provisions of 28 U.S.C. § 1915(g) he generally is ineligible to proceed in
forma pauperis in federal court with civil actions filed while he is incarcerated.” (citing
Grimes v. Oakland Police Dep’t, C 00-1100 CW (Order Dismissing Complaint, May 18,
2000)). The court also noted that Plaintiff had filed “hundreds of civil rights actions
seeking in forma pauperis status.” Id.; see also 4:07-cv-1726-CW(PR). Additionally, the
Western District of Louisiana noted that Plaintiff has “filed more than 350 complaints and
appeals[, and] [t]hree or more of them have been dismissed as frivolous.” See Case No.
5:12-cv-3159-EEF-MLH, Doc. 16. 1 A review of PACER confirms that Plaintiff has filed
hundreds of actions in several district courts in the United States and has had three or
more cases dismissed for failure to state a claim or as frivolous.
Plaintiff has had at least three prior cases dismissed as frivolous or for failure to
state a claim. Moreover, Plaintiff has failed to allege that he is under imminent danger of
serious physical injury. Therefore, his application to proceed in forma pauperis will be

The Court notes that a comparison of the complaints filed in the abovementioned cases reflects that they were all filed by Jerome L. Grimes and contain the same
handwriting and signature.
1

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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 filing
fee.
Accordingly, it is now ORDERED AND ADJUDGED:
1.

This case is hereby DISMISSED without prejudice.

2.

The Clerk of the Court is directed to terminate all pending motions, close

this case, and enter judgment accordingly.
DONE AND ORDERED in Orlando, Florida this 2nd day of June, 2017.

Copies to:
OrlP-1 6/2
Jerome L. Grimes

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