BEARD v. GAINESVILLE POLICE DEPARTMENT et al

Filing 24

ORDER ACCEPTING 19 REPORT AND RECOMMENDATION ; denying 17 MOTION for Leave to Proceed in forma pauperis. Signed by CHIEF JUDGE MARK E WALKER on 3/11/2025. The Clerk shall enter judgment stating, "Plaintiff's compla int is DISMISSED without prejudice because Plaintiff is a three-striker under 28 U.S.C. § 1915(g) who has neither paid the filing fee nor has alleged he is in imminent danger of seriously physical injury, and because Plaintiff failed to truthfully disclose his litigation history, which is malicious under 28 U.S.C. § 1915A(b)(1)." The Clerk shall close the file. (kdm)

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
GREGORY DEATRICK BEARD,
v.

Plaintiff,

Case No.: 1:24cv215-MW/HTC

GAINESVILLE POLICE
DEPARTMENT, et al.,
Defendants.
_________________________/
ORDER ACCEPTING REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation, ECF No. 19, and has also reviewed de novo Plaintiff’s objections,
ECF No. 23. As noted in the report and recommendation, Plaintiff is a “three-striker”
who seeks leave to proceed in forma pauperis and has not alleged that he falls within
the imminent danger exception for “three-strikers.” In addition, the Magistrate Judge
recommends dismissal because Plaintiff failed to truthfully disclose his litigation
history. In his objections, Plaintiff asserts he plans to now pay the filing fee. ECF
No. 23 at 2. But this is too little, too late. Moreover, this does not undo Plaintiff’s
failure to truthfully disclose his litigation history. Instead, Plaintiff must re-file his
claims and pay the filing fee under a new case number, unless he can, in good faith,
allege he is in imminent danger of serious physical injury.
Accordingly,

IT IS ORDERED:
The report and recommendation, ECF No. 19, is accepted and adopted, over
the Plaintiff’s objections, as this Court’s opinion. Plaintiff’s motion to proceed in
forma pauperis, ECF No. 17, is DENIED. The Clerk shall enter judgment stating,
“Plaintiff’s complaint is DISMISSED without prejudice because Plaintiff is a
three-striker under 28 U.S.C. § 1915(g) who has neither paid the filing fee nor has
alleged he is in imminent danger of seriously physical injury, and because Plaintiff
failed to truthfully disclose his litigation history, which is malicious under 28 U.S.C.
§ 1915A(b)(1).” The Clerk shall close the file.
SO ORDERED on March 11, 2025.
s/Mark E. Walker
____
Chief United States District Judge

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