WILLIAMS v. STAPP

Filing 9

ORDER ADOPTING 4 REPORT AND RECOMMENDATION: Plaintiff's 2 Motion for Leave to Proceed in forma pauperis is DENIED. Case is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C.§1915(e)(2)(B)(i) as an abuse of the judicial process and pursuant to 28 U.S.C.§1915(g) because Plaintiff has three strikes and is not in imminent danger of serious physical injury. Signed by CHIEF JUDGE M CASEY RODGERS on 2/12/2014. (jws)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION

VIRGIL LEE WILLIAMS,
Plaintiff,
v.

CASE NO. 1:13cv247-SPM-GRJ

SGT. STAPP,
Defendant.
/
ORDER
This cause comes before the Court for consideration of the Magistrate Judge’s
Report and Recommendation, dated December 6, 2013. (Doc. 4). The Plaintiff filed an
objection. (Doc 7). In accordance with Title 28, United States Code, Section 636(b)(1),
I have determined that the Report and Recommendation should be adopted despite the
objection.
The Magistrate Judge found that the Plaintiff failed to disclose the filing of two
previous lawsuits relating to the fact or manner of his incarceration.1 The Plaintiff was
required to disclose these prior suits in his civil rights complaint form. In his objection, the
plaintiff states that he now remembers filing one of the cases and omitted it from his
complaint form because he did not remember it at that time. The failure to disclose is
inexcusable, however, because when the Plaintiff filed his complaint on December 2, 2013,
he had the benefit of a November 13, 2013 Report and Recommendation issued in another
case in this District, Williams v. Stapp, Case No. 5:13-cv-333-WS-GRJ, which specifically
advised the Plaintiff about the two cases. In any event, with the dismissal of Williams v.
Stapp, Case No. 5:13-cv-333-WS-GRJ, the Plaintiff now has three strikes and cannot
proceed in forma pauperis in this case. 28 U.S.C. § 1915(g).

1

W illiams v. Romine, Case No. 3:01cv90-RV, and W illiams v. Davis, Case No. 3:97cv1123-RW N.

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Accordingly, it is hereby ORDERED as follows:
1.

The Magistrate Judge’s Report and Recommendation (doc. 4) is ADOPTED

and incorporated by reference in this order.
2.

The Plaintiff’s motion for leave to proceed in forma pauperis (doc. 2) is

DENIED.
2.

This case is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. §

1915(e)(2)(B)(i) as an abuse of the judicial process and pursuant to 28 U.S.C. § 1915(g)
because the Plaintiff has three strikes and is not in imminent danger of serious physical
injury.
DONE AND ORDERED this 12th day of February, 2014.

s/

M. Casey Rodgers

M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

CASE NO. 1:13cv247-SPM-GRJ