Garrett et al v. People of the State of Illinois

Filing 2

ORDER dismissing the complaint without prejudice; directing the clerk to CLOSE the case. Signed by Judge Steven D. Merryday on 7/25/2017. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JOHNNY GARRETT,
Plaintiff,
v.

CASE NO. 8:17-cv-1714-T-23TBM

PEOPLE OF THE STATE OF ILLINOIS,
Defendants.
/

ORDER
Garrett filed a civil rights complaint but neither paid the required filing fee
nor moved for leave to proceed in forma pauperis. As a consequence, this action is
reviewed as if Garrett moves for leave to proceed in forma pauperis. The Prison
Litigation Reform Act (“PLRA”) amends 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.

“[F]ederal courts in this circuit may properly count as strikes lawsuits or
appeals dismissed as frivolous, malicious or failing to state a claim upon which relief

may be granted,” including actions dismissed before the PLRA. Rivera v. Allin,
144 F.3d 719, 730 (11th Cir.), cert. dismissed, 524 U.S. 978 (1998), abrogated on other
grounds by Jones v. Bock, 549 U.S. 199 (2007). Garrett’s actions in this district that
qualify as a “strike” under Section 1915(g) include Garrett v. State of Illinois, 6:17-cv266-Orl-18DCI and Garrett v. Diaz, 5:17-cv-292-Oc-10PRL, which was dismissed
based on the “three-strikes” provision in Section 1915(g). Federal courts in other
states have applied the “three strikes” provision to Garrett’s actions. See Garrett v.
State of Illinois Attorney General, Case No. 1:13-CV-02462 (N.D. Ga. 2013) (dismissing
Plaintiff’s action without prejudice under 28 U.S.C. § 1915(g)); Garrett v. Illinois, Case
No. 13-cv-1298-JPG (S.D. Ill. Dec. 30, 2013) (finding that “Plaintiff has filed six
meritless civil rights actions . . . in three different courts, within the space of five
months” and dismissing his case as frivolous).
Because he has had three or more dismissals that qualify under Section 1915(g)
and because he is not under imminent danger of serious physical injury, Garrett is
not entitled to proceed in forma pauperis. See Dupree v. Palmer, 284 F.3d 1234, 1236
(11th Cir. 2002) (“The purpose of the PLRA is to curtail abusive prisoner
litigation.”). This preclusion against proceeding in forma pauperis is without regard to
the merits of the present civil rights complaint. Garrett may initiate a new civil rights
action by both filing a civil rights complaint and paying the $400.00 filing fee.

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Accordingly, the complaint (Doc. 1) is DISMISSED without prejudice to the
filing of a new complaint, in a new action, with a new case number, upon the
payment of the $400.00 filing fee. The clerk must close this case.
ORDERED in Tampa, Florida, on July 25, 2017.

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