BROWN v. SECRETARY DEPARTMENT OF CORRECTIONS, et al

Filing 15

ORDER ADOPTING THE MAGISTRATE JUDGES 8 REPORT AND RECOMMENDATION; denying 2 Motion for Leave to Proceed in forma pauperis; denying as moot 7 (Second) MOTION to Amend. Signed by SENIOR JUDGE WILLIAM STAFFORD on 2/28/2013. T he plaintiff's complaint and this action are DISMISSED WITHOUT PREJUDICE under the "three strikes" provision of 28 U.S.C. § 1915(g). The clerk shall enter judgment stating: "All claims are dismissed without prejudice pursuant to 28 U.S.C. § 1915(g)." (kdm)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

NATHANIEL J. BROWN,
Plaintiff,
v.

4:13cv22-WS

SECRETARY, DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

ORDER ADOPTING THE MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION
Before the court is the magistrate judge's report and recommendation docketed
February 8, 2013. See Doc. 8. Among other things, the magistrate judge recommends
that the plaintiff's complaint and this case be dismissed for abuse of the judicial process
under 28 U.S.C. § 1915(e) and/or as barred by the "three strikes" provision of 28 U.S.C.
§ 1915(g). The plaintiff has filed objections to the magistrate judge’s report and
recommendation.
Under penalty of perjury, and knowing that failure to disclose all prior prisoner
cases could lead to dismissal of this case, Brown failed to disclose all of his prior
prisoner cases when he filed his original complaint. He later submitted two motions
(docs. 5 & 7) to amend his complaint, stating that he had not intended to deceive the
court but had simply forgotten about two of his prior cases. The two motions to amend

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were worded identically but differed slightly in formatting. Although Brown has since
explained that he intended to file only one motion to amend, the clerk docketed the two
motions as separate motions. The magistrate judge granted the first motion to amend
(doc. 5) and now recommends that the second motion be denied.
The magistrate judge also recommends that Brown's motion to proceed in forma
pauperis be denied. As correctly noted by the magistrate judge, Brown is subject to the
PLRA's "three strikes" provision because he has had three or more prior cases
dismissed under 28 U.S.C. § 1915(e). Absent payment of the filing fee, Brown may not
proceed with this case. Accordingly, it is ORDERED:
1. The magistrate judge's report and recommendation (doc. 8) is hereby
ADOPTED and incorporated by reference into this order.
2. The plaintiff's second motion to amend (doc. 7) is DENIED as moot.
3. The plaintiff's motion (doc. 2) for leave to proceed in forma pauperis is
DENIED.
4. The plaintiff's complaint and this action are DISMISSED WITHOUT
PREJUDICE under the "three strikes" provision of 28 U.S.C. § 1915(g).
5. The clerk shall enter judgment stating: "All claims are dismissed without
prejudice pursuant to 28 U.S.C. § 1915(g)."
DONE AND ORDERED this

28th

day of

February

, 2013.

s/ William Stafford
WILLIAM STAFFORD
SENIOR UNITED STATES DISTRICT JUDGE