Adan v. Pinciro et al
Filing
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OPINION AND ORDER adopting Magistrate Judge Janet F. King's Final Report and Recommendation 3 and dismissing this action without prejudice. It is further ordered that the Court certifies that any appeal in this case would not be taken in good faith and that, therefore, Plaintiff may not proceed in forma pauperis on appeal. Signed by Judge William S. Duffey, Jr on 12/6/17. (ddm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
SALEEBAN ISSE ADAN,
Plaintiff,
v.
1:17-cv-3820-WSD
ARRON PINCIRO, et al.,
Defendants.
OPINION AND ORDER
This matter is before the Court on Magistrate Judge Janet F. King’s Final
Report and Recommendation [3] (“Final R&R”), recommending that Plaintiff
Saleeban Isse Adan (“Plaintiff”) be denied in forma pauperis status and this action
be dismissed without prejudice.
On September 28, 2017, Plaintiff, a state inmate at Georgia State Prison in
Reidsville, Georgia, filed a civil rights complaint pursuant to 42 U.S.C. § 1983.
([1]). Plaintiff complains in regard to prison systems and alleges, among other
things, that the State of Georgia prison system double cells prisoners in solitary
confinement cells that are meant for one person, that eighty percent of federal
prisoners have a cell mate in solitary confinement, and that Indiana and Texas
prisoners are locked down for nearly twenty-four hours a day. (Id. ¶ IV). Plaintiff
states that “people in solitary are more likely to hurt themselves/attempt suicide
then those in many decrease the risk of inter prisoner violence.” (Id.
(uncorrected)).
On October 20, 2017, the Magistrate Judge issued her Final R&R,
recommending that this action be dismissed under 28 U.S.C. § 1915(g) because
Plaintiff cannot proceed in forma pauperis because he filed, while incarcerated,
more than three civil actions that have been dismissed as frivolous, malicious, or
for failure to state a viable claim. (Final R&R at 2-3). Plaintiff has not filed
objections to the R&R, and thus the Court reviews it for plain error. See United
States v. Slay, 714 F.2d 1093 (11th Cir. 1983), cert. denied, 464 U.S. 1050 (1984).
A prisoner may not bring a civil action in federal court, without paying the
filing fee, “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
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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 were
dismissed as frivolous, malicious, or for failure to state a claim. ([3] at 2, citing
Adan v. Does, No. 5:15-cv-0047-MTT-MSH (M.D. Ga. Mar. 5, 2015) (listing
cases). The Magistrate Judge also found that Plaintiff does not have standing to
assert the rights of other prisoners. 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
his fellow . . . inmates.”). (Final R&R at 2). The Court finds no plain error in the
Magistrate Judge’s determinations or recommendation, and this action is dismissed
without prejudice. See 28 U.S.C. § 1915(g).
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Janet F. King’s Final
Report and Recommendation [3] is ADOPTED.
IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT
PREJUDICE.
IT IS FURTHER ORDERED that the Court CERTIFIES that any appeal
in this case would not be taken in good faith and that, therefore, Plaintiff may not
proceed in forma pauperis on appeal. See 28 U.S.C. §1915(a)(3).
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SO ORDERED this 6th day of December, 2017.
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