HARRIS v. FLORIDA DEPARTMENT OF CORRECTION et al

Filing 15

ORDER OF DISMISSAL - The Report and Recommendation (ECF No. 13 ) is approved. The clerk will enter a judgment that says, "This case is dismissed without prejudice based on 28 U.S.C. § 1915(g)." The clerk will then close the file. Signed by JUDGE ALLEN C WINSOR on 9/14/2020. (cle)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
GREGORY HARRIS,
Plaintiff,
v.

Case No. 4:20-cv-343-AW-MAF

FLORIDA DEP’T OF CORRECTIONS,
et al.,
Defendants.
_______________________________/
ORDER OF DISMISSAL
Gregory Harris sued the Department of Corrections and several of its
employees. ECF No. 1. The magistrate judge, through an August 10, 2020 Report
and Recommendation, recommends dismissal. ECF No. 13. I have reviewed the
Report and Recommendation, and I have considered de novo Harris’s objections
(ECF No. 14.)
As the magistrate judge notes, Harris is a three-strikes inmate who seeks to
proceed in forma pauperis. Because he has not paid the full filing fee, he can proceed
only if he “is under imminent danger of serious physical injury.” 28 U.S.C.
§ 1915(g). So the question is whether he has shown that he has. I agree with the
magistrate judge and conclude he has not.
There are two basic claims embedded in Harris’s complaint. First, he alleges
that he contracted a blood virus that led to severe itching, scratching, and bleeding.

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He alleges that defendants violated the Eighth Amendment by not affording proper
medical treatment for this condition. Second, he alleges that certain of the defendants
violated the Eighth Amendment by physically assaulting him. As to the latter claim,
he has alleged only past conduct—no threat of future harm. So that provides no basis
to proceed. As to the former—inadequate treatment for the blood infection—I agree
that he has not provided nonconclusory allegations that would show he faces
“imminent danger of serious physical injury.” Therefore, I conclude dismissal is
appropriate.
The Report and Recommendation (ECF No. 13) is approved. The clerk will
enter a judgment that says, “This case is dismissed without prejudice based on 28
U.S.C. § 1915(g).” The clerk will then close the file.
SO ORDERED on September 14, 2020.
s/ Allen Winsor
United States District Judge

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