HOLTON
v.
TALBOT (POLK COUNTY)

M.D. Fla. | 2022-07-21
No. 8:22-cv-1219
District Court, M.D. Florida (2022)

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Holding

A prisoner with three or more prior dismissals for frivolousness, maliciousness, or failure to state a claim must pay the filing fee to proceed, unless under imminent danger of serious physical injury.


Facts & Procedural History

Plaintiff, a prisoner, sought to proceed in forma pauperis with a civil rights complaint. He had three prior cases dismissed under grounds qualifying …

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Opinion of the Court

Because he has had three prior dismissals that qualify under Section 1915(g),

he does not allege that he is in imminent danger of serious physical injury,1 and he has not paid the filing fee, Plaintiff’s complaint is due to be dismissed. Plaintiff may initiate a new civil rights case by filing a civil rights complaint and paying the filing fee in full.

Accordingly, it is ORDERED that:

2. The CLERK is directed to CLOSE this case.

DONE AND ORDERED in Tampa, Florida, on July 21, 2022.

WILLIAM F. iS

UNITED STATES DISTRICT JUDGE

Footnotes
1 The Court notes that Plaintiff complains of past injury but does not allege that he is currently in imminent danger of serious physical injury. 1. The complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE to the filing of a new complaint, in a new case, with a new case number, upon the payment of the filing fee.

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