PORTER v. INCH et al

Filing 12

ORDER OF DISMISSAL - The report and recommendation (ECF No. 11 ), to which no objection has been filed, is approved. The clerk will enter a judgment that says, "The complaint is dismissed without prejudice." The clerk will close the file. Signed by JUDGE ALLEN C WINSOR on 9/9/2020. (cle)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
AARON C. PORTER,
Plaintiff,
v.

Case No. 4:20-cv-233-AW-MAF

MARK S. INCH, et al.,
Defendants.
_______________________________/
ORDER OF DISMISSAL
Aaron Porter, a state prisoner, has sued prison officials who he contends
violated his constitutional rights. In his amended complaint (ECF No. 6), he alleges
that he has been labeled a prison “snitch” and that, as a result, he is routinely
attacked, beaten, and sexually assaulted by other inmates. He also alleges that two
of the defendant prison officials assaulted him and threatened him for being a prison
“writ writer.”
As he acknowledges, Porter is a “three striker,” meaning he cannot proceed
without paying the entire filing fee (which he has not done) unless he is “under
imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). A now-withdrawn
report and recommendation concluded that Porter had alleged only past harm and
had not alleged sufficient facts to support “imminent danger.” ECF No. 4. In
response, Porter alleged that he had, in fact, alleged enough. ECF No. 5. He argued
that he was under continuous threat from other inmates, that prison officials
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consistently provided inadequate protection—merely moving him from facility to
facility after each attack, despite threats from attacks at every facility. To the extent
this is his claim now, it is duplicative of claims in other cases. As Porter admits, he
has raised similar claims in several other cases. See Porter v. Inch, Report and
Recommendation, ECF No. 7, Case No. 4:20-cv-230 (N.D. Fla. June 19, 2020)
(collecting cases and noting that “[e]ach case includes claims of assault by various
gang members or sex offenders at different institutions and allegations of failure to
protect against correctional institution employees”). In one, the court found that
similar allegations as presented here were sufficient to allege imminent danger. See
Porter v. Inch, Order, ECF No. 10, Case No. 4:19-cv-126 (N.D. Fla. June 19, 2020).
I agree with the magistrate judge that this case should be dismissed as duplicative. I
therefore approve the report and recommendation (ECF No. 11), to which no
objection has been filed.
The clerk will enter a judgment that says, “The complaint is dismissed without
prejudice.” The clerk will close the file.
SO ORDERED on September 9, 2020.
s/ Allen Winsor
United States District Judge

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