Houston v. Bayfront Hospital et al

Filing 2

ORDER: This action is dismissed without prejudice to the filing of a new complaint, in a new case, with a new case number, upon the payment of the $400.00 filing fee. The Clerk is directed to close this case. Signed by Judge James S. Moody, Jr on 3/10/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JEFFREY HOUSTON, pro se,
Plaintiff,
v.

Case No: 8:15-cv-223-T-30AEP

BAYFRONT HOSPITAL, et al.,
Defendants.
________________________________/

ORDER
Plaintiff, an inmate at the Pinellas County Jail, initiated this action by filing a civil
rights complaint pursuant to 42 U.S.C. § 1983. More than thirty days have elapsed since
Plaintiff filed his complaint, and he has not paid the filing fee or filed a motion to proceed
in forma pauperis. 1 See M.D. Fla. L.R. 1.03(e) (“The Clerk shall accept for filing all
prisoner cases filed with or without the required filing fee or application to proceed in
forma pauperis. However, a prisoner case will be subject to dismissal by the Court, sua
sponte, if the filing fee is not paid or if the application is not filed within 30 days of the
commencement of the action.”).
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The Court notes that Plaintiff would not be permitted to proceed in forma pauperis in this
matter under 28 U.S.C. § 1915(g) because he has not alleged facts showing that he is under
imminent danger of serious physical injury and he has had three or more cases dismissed on
grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be
granted: (1) Houston v. Hollaway, 8:96-cv-219-T-21 (M.D. Fla. 1996); (2) Houston v. Coston,
8:96-cv-222-T-2 (M.D. Fla. 1996); and (3) Houston v. Pinellas Cnty. Sheriff’s Office Det. & Corr.
Bureau, 8:09-cv-491-T-17MAP (M.D. Fla. 2009) (appeal).

Accordingly, it is therefore ORDERED AND ADJUDGED that:
1. This action is dismissed without prejudice to the filing of a new complaint, in a
new case, with a new case number, upon the payment of the $400.00 filing fee.
2. The Clerk is directed to close this case.
DONE and ORDERED in Tampa, Florida, this 10th day of March, 2015.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2015\15-223 Houston v. Bayfront Med. Ctr. et al.Dismissal.docx

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