Schofield v. Dekleva et al

Filing 2

ORDER: The complaint (Dkt. 1) is DISMISSED without prejudice to the filing of a new complaint, in a new case, with a new case number, upon payment of the $400.00 filing fee. The Clerk shall terminate all pending motions, and close this case. Signed by Judge James S. Moody, Jr on 4/23/2014. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

PRESTON SCHOFIELD,
Plaintiff,
v.

Case No. 8:14-cv-928-T-30TGW

JUDGE JAMES DEKLEVA, et al.,
Defendants.
/
ORDER
Schofield, a Florida state pre-trial detainee at Orient Road Jail, Tampa, Florida, proceeding
pro se and in forma pauperis,1 initiated this action by filing a civil rights complaint on April 18,
2014 (Dkt. 1). 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 judicially notices some of Schofield’s prior actions that were dismissed as
frivolous, malicious, or for failure to state a claim upon which relief may be granted: (1) 6:13-cv1253-Orl-37KRS (complaint dismissed for failure to state a claim upon which relief can be granted);

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The Court construes Plaintiff’s failure to pay the filing fee as a request to proceed in forma pauperis.

(2) 6:13-cv-1769-Orl-22JBS (complaint dismissed for failure to state a claim upon which relief can
be granted); (3) 6:00-cv-1238-Orl-22B (complaint dismissed as frivolous).
Schofield is not entitled to proceed in forma pauperis because he has had at least three prior
civil actions dismissed as frivolous, malicious, or for failure to state a claim upon which relief may
be granted, and he has not alleged that he is under imminent danger of serious physical injury.
Schofield may initiate a new civil rights action by filing a new civil rights complaint and paying the
full $400.00 filing fee.
Accordingly, the Court ORDERS that:
1.

The complaint (Dkt. 1) is DISMISSED without prejudice to the filing of a new
complaint, in a new case, with a new case number, upon payment of the $400.00
filing fee.

2.

The Clerk shall terminate all pending motions, and close this case.

DONE and ORDERED in Tampa, Florida on April 23, 2014.

SA:sfc
Copy to: Plaintiff pro se

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