Adan v. Obama et al
Filing
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OPINION AND ORDER adopting Magistrate Judge Janet F. Kings Final Report and Recommendation 2 , denying Plaintiff in forma pauperis status and dismissing this action without prejudice. Signed by Judge William S. Duffey, Jr on 9/25/16. (ddm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
SALEEBAN ADAN,
Plaintiff,
v.
1:16-cv-27-WSD
PRESIDENT OBAMA, individually
and in his official capacity,
WILLIAM STANLEY, Warden,
Defendants.
OPINION AND ORDER
This matter is before the Court on Magistrate Judge Janet F. King’s Final
Report and Recommendation [2] (“R&R”), recommending that Plaintiff Saleeban
Adan (“Plaintiff”) be denied in forma pauperis status and that this action be
dismissed without prejudice.
On January 4, 2016, Plaintiff, a prisoner, proceeding pro se, filed his
Complaint [1] on behalf of himself and his cellmate Walter Hey. Plaintiff alleges
that, in 2009, an officer punched him and his cellmate. Only Plaintiff has signed
the Complaint. On February 2, 2016, the Magistrate Judge issued her R&R,
recommending that Plaintiff be denied in forma pauperis status and that this action
be dismissed without prejudice. Plaintiff has not filed objections to the R&R, and
the Court thus reviews it for plain error. See United States v. Slay, 714 F.2d 1093,
1095 (11th Cir. 1983), cert. denied, 464 U.S. 1050 (1984).
A prisoner may not bring an in forma pauperis civil action in federal court
“if [he] has, on 3 or more prior occasions, while incarcerated or detained in any
facility, brought an action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or fails to state a claim
upon which relief may be granted, unless the prisoner is under imminent danger of
serious physical injury.” 28 U.S.C. § 1915(g); see Medberry v. Butler, 185 F.3d
1189, 1193 (11th Cir. 1999). This is known as the “three strikes” provision.
Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). Where the three strikes
rule does not allow a prisoner to proceed in forma pauperis, his complaint should
be dismissed without prejudice. See id.
The Magistrate Judge found that Plaintiff’s Complaint should be dismissed
because Plaintiff, while incarcerated, filed at least three civil actions that have been
dismissed as frivolous, malicious, or for failure to state a claim. See Adan v. Does,
No. 5:15-cv-0047-MTT-MSH (M.D. Ga. Mar. 5, 2015) (listing cases). The
Magistrate Judge found further that Plaintiff does not have standing to assert the
rights of his cellmate, Walter Hey. See Johnson v. Brown, 581 F. App’x 777, 781
(11th Cir. 2014) (“As a pro se litigant, Johnson cannot bring an action on behalf of
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his fellow . . . inmates.”). The Court finds no plain error in these determinations.
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Janet F. King’s Final
Report and Recommendation [2] is ADOPTED.
IT IS FURTHER ORDERED that Plaintiff is DENIED in forma pauperis
status.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE.
SO ORDERED this 28th day of September, 2016.
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