Castleberry v. 11th Cir Court Judges et al

Filing 8

MEMORANDUM OPINION. Signed by District Judge Travis R McDonough on 3/28/19. (KFB, ) Modified on 3/28/2019 (KFB, ). Serviced via US Mail to Daniel Castleberry.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT CHATTANOOGA
DANIEL CASTLEBERRY, also known as
DANIEL ERIC COBBLE,1
Plaintiff,
v.
11TH CIRCUIT U.S. APPEAL JUDGES,
U.S. APPEALS 11TH CIRCUIT COURT
CLERK, U.S. DISTRICT COURTS
MIDDLE GA JUDGES, U.S. DISTRICT
COURTS MIDDLE GA CLERKS, U.S.
DISTRICT COURTS NORTH GA
JUDGES, and U.S. DISTRICT COURTS
NORTH GA CLERKS,
Defendants.

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Case No. 1:19-CV-89
Judge Travis R. McDonough
Magistrate Judge Susan K. Lee

MEMORANDUM OPINION

The Court is in receipt of a pro se state prisoner’s civil rights complaint under 42 U.S.C.
§ 1983 [Doc. 1] and a motion for leave to proceed in forma pauperis [Doc. 6]. Section 1915(g)
of the Prison Litigation Reform Act of 1996 (“PLRA”) provides as follows:
In no event shall a prisoner bring a civil action [in forma pauperis] . . . if the
prisoner has, on 3 or more prior occasions, while incarcerated or detained in any
facility, brought an action . . . 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.

1

The Court has previously found that Plaintiff is also known as Daniel Eric Cobble and is
a well-known frequent filer of lawsuits in Georgia whose complaints are subject to the three-strikes
rule set forth in 28 U.S.C. § 1915(g). Castleberry v. United States Government, Civil Case No.
1:18-CV-171 (E.D. Tenn. Jan. 2, 2019) [Doc. 36 p. 1].
Accordingly, the Clerk will be
DIRECTED to update the Court’s docket to reflect this.

28 U.S.C. § 1915(g). Prior to filing his complaint in this case, Plaintiff had filed more than three
civil-rights actions while incarcerated that were dismissed for failure to state a claim. See
Cobble v. U.S. Government, No. 1-18-CV-92 (M.D. Georgia May 31, 2018) (dismissing
complaint under 28 U.S.C. 1915(g) and listing numerous cases Daniel Eric Cobble filed as a
prisoner that were dismissed as frivolous or for failure to state a claim).
The Court cannot construe anything in Plaintiff’s complaint [Doc. 1]2 to suggest that
Plaintiff was in imminent danger at the time he filed this lawsuit. Accordingly:
(1) The Clerk will be ORDERED to update the Court’s docket to reflect that Daniel
Castleberry is also known as Daniel Eric Cobble;
(2) Plaintiff must prepay the entire $400.00 filing fee to proceed in this action;
(3) Plaintiff’s motion for leave to proceed in forma pauperis [Doc. 8] will be DENIED;
(4) Plaintiff’s complaint will be DISMISSED without prejudice to Plaintiff filing a feepaid § 1983 complaint pursuant to the three-strike rule of 28 U.S.C. § 1915(g); and
(5) The Court CERTIFIES that any appeal from this action would not be taken in good
faith and would be totally frivolous.
AN APPROPRIATE ORDER WILL ENTER.
ENTER:
/s/ Travis R. McDonough
TRAVIS R. MCDONOUGH
UNITED STATES DISTRICT JUDGE

2

This filing is almost completely illegible and/or nonsensical. To the extent the Court can
read Plaintiff’s writing, however, the Court finds that Plaintiff has not alleged that he was in
imminent danger at the time he filed his complaint, but rather asserts claim(s) relating to a name
change.
2