Priest v. Richman et al

Filing 4

ORDER Adopting 3 Report and Recommendations. Closing Case. Signed by Judge Robert N. Scola, Jr on 1/23/2018. (pes) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.

United States District Court
for the
Southern District of Florida
Brandon Samuel Priest III,
Petitioner,
v.
Krista Richman and others,
Respondents.

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Case No. 18-60015-Civ-Scola
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Order Adopting Magistrate Judge’s Report And Recommendation
This case was referred to United States Magistrate Judge Patrick A. White,
consistent with Administrative Order 2003-19 of this Court, for a ruling on all
pre-trial, nondispositive matters and for a Report and Recommendation on any
dispositive matters. On January 5, 2018, Judge White issued a Report,
recommending that Petitioner Brandon Samuel Priest III’s 42 U.S.C. § 1983
lawsuit, complaining about a lack of medical treatment for what he describes as
a ruptured tendon in his hand, be dismissed. (Report of Magistrate, ECF No. 3.)
Priest has not filed any objections to the report and the time to do so has passed.
The Court has considered Judge White’s report, the record, and the
relevant legal authorities. Judge White explains that Priest is a “three-strike”
filer, as provided for under 28 U.S.C. § 1915(g), and therefore cannot proceed in
forma pauperis unless he can show he is under imminent danger of serious
physical injury. As described by Judge White, Priest alleges, at most, a gardenvariety claim of deliberate indifference to serious medical needs. His allegations
do not rise to the level of an imminent danger of serious injury.
The Court finds Judge White’s report and recommendation cogent and
compelling. The Court affirms and adopts Judge White’s report and
recommendation (ECF No. 3). The Court thus dismisses Priest’s complaint
without prejudice. Priest may file his complaint anew but it must be
accompanied by payment of the full filing fee. Even with the filing fee, however,
Priest is advised that his lawsuit will still be subject to the screening provisions
of 28 U.S.C. § 1915A. The Court directs the Clerk to close this case.
Done and Ordered at Miami, Florida, on January 23, 2018.

Copy via U.S. mail to:
Brandon Samuel Priest III
231700535
Broward County Main Jail/Inmate Mail
Post Office Box 9356
Fort Lauderdale, FL 33310

___________________________________
Robert N. Scola, Jr.
United States District Judge