HARRIS v. JERRY et al

Filing 2

REPORT AND RECOMMENDATIONS re 1 Complaint filed by SAMUEL ELIAJAH HARRIS,
: It is RECOMMENDED that Plaintiff's complaint, doc. 1, be DISMISSED without prejudice because Plaintiff is barred by 28 U.S.C. 1916(g) from initiating a civil rights case in federal court without full payment of the filing fee at the time he submits the complaint.
Objections to R&R due by 3/27/2006. Signed by Judge WILLIAM C SHERRILL JR on 02/27/06. (dlt, Tallahassee)

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HARRIS v. JERRY et al Doc. 2 Case 4:06-cv-00078-RH-WCS Document 2 Filed 02/27/2006 Page 1 of 2 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION SAMUEL ELIAJAH HARRIS, Plaintiff, vs. JOHNNY JERRY, et al., Defendants. / REPORT AND RECOMMENDATION Plaintiff, an inmate currently incarcerated in the custody of the Florida Department of Corrections, has submitted a pro se complaint. Doc. 1. Plaintiff has not submitted the filing fee for this case. Plaintiff also has not submitted an in forma pauperis motion because Plaintiff has had three or more prisoner actions dismissed on the grounds that they were either frivolous, malicious, or failed to state a claim. Accordingly, Plaintiff is not entitled to in forma pauperis status in the federal courts. 28 U.S.C. 1915(g). In January, Plaintiff had case 4:05cv422-MP/AK dismissed because Plaintiff was not entitled to proceed in forma pauperis and did not pay the required filing fee. Docs. Case No. 4:06cv78-RH/WCS Dockets.Justia.com Case 4:06-cv-00078-RH-WCS Document 2 Filed 02/27/2006 Page 2 of 2 Page 2 of 2 3, 5 of that case. The Order adopting the report and recommendation, doc. 3, was entered on January 11, 2006, doc. 5, and, obviously Plaintiff is well aware that he is not entitled to proceed without full prepayment of the court's $250.00 filing fee. The allegations in this complaint have been reviewed, and they fail to demonstrate that Plaintiff is in imminent danger of serious physical injury. Thus, Plaintiff's allegations do not bring him within the imminent danger exception to 1915(g). Accordingly, because Plaintiff has previously received a "strike" in cases 1:04cv02-MP/AK, 1:03cv169-MP/AK, and 1:04cv414-MP/AK, this case must be dismissed without prejudice to Plaintiff refiling the case and simultaneously submitting the full filing fee. See Dupree v. Palmer, 284 F.3d 1234 (11th Cir. 2002). In light of the foregoing, it is respectfully RECOMMENDED that Plaintiff's complaint, doc. 1, be DISMISSED without prejudice because Plaintiff is barred by 28 U.S.C. 1916(g) from initiating a civil rights case in federal court without full payment of the filing fee at the time he submits the complaint. IN CHAMBERS at Tallahassee, Florida, on February 27, 2006. s/ William C. Sherrill, Jr. WILLIAM C. SHERRILL, JR. UNITED STATES MAGISTRATE JUDGE NOTICE TO THE PARTIES A party may file specific, written objections to the proposed findings and recommendations within 15 days after being served with a copy of this report and recommendation. A party may respond to another party's objections within 10 days after being served with a copy thereof. Failure to file specific objections limits the scope of review of proposed factual findings and recommendations. Case No. 4:06cv78-RH/WCS

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