EDWARDS
v.
DIXON
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The court held that the plaintiff, a prisoner with three prior dismissals, cannot proceed in forma pauperis because his alleged injuries do not constitute imminent danger of serious physical injury.
Plaintiff, a prisoner, filed a civil rights complaint and sought to proceed in forma pauperis. He had three prior actions dismissed as frivolous or fa…
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THIS CAUSE is before the Court on Plaintiff Christopher L. Edwards Civil Rights Complaint filed pursuant to 42 U.S.C. § 1983. (Doc. 1). Plaintiff asserts that he is suffering from anxiety, hyper-tension, nervousness, and mental anguish due to being exposed to gun fire. Id. Plaintiff also seeks leave to proceed in forma pauperis under 28 U.S.C. § 1915. (Doc. 2). Section 1915(g) of Title 28 limits a prisoner’s ability to bring a civil action in forma pauperis under certain circumstances: (g) In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner 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). Thus, if a prisoner has had three or more cases dismissed for one of the recited reasons and he is not under imminent danger of serious physical injury, he cannot proceed in forma pauperis and must pay the filing fee in full at the time the lawsuit is initiated. Dupree v. Palmer, 284 F. 3d 1234, 1236 (11th Cir. 2002). Consequently, courts have a responsibility to dismiss cases, even sua sponte, under 28 U.S.C. §1915(g). See, e.g., Casey v. Scott, 493 F. App’x 1000, 1001 (11th Cir. 2012). The Court takes judicial notice of three federal actions previously brought by
Plaintiff that qualify as “strikes” under § 1915(g): (1) Christopher L. Edwards v. Payton Grinell, 5:20-cv-133-Oc-34PRL (M.D. Fla.) (frivolous and failure to state a claim); (2) Christopher L. Edwards v. Payton Grinell et al., 5:20-cv-123-Oc-34PRL (M.D. FLA.) (frivolous and failure to state a claim); and (3) Christopher L. Edwards v. L.T. Edwards et al., 5:20-cv-165-Oc-32PRL (M.D. Fla.) (failure to state a claim). Accordingly, Plaintiff is barred from proceeding as a pauper in a civil action unless he is under “imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Plaintiff’s complaint of anxiety, hyper-tension, nervousness, and mental anguish because of being exposed to gunfire are insufficient to warrant the imminent danger exception to dismissal. Plaintiff may initiate a new civil rights case by filing a civil rights complaint and paying the filing fee in full. It is now ORDERED and ADJUDGED:
1. This case is hereby DISMISSED without prejudice.
2. The Clerk of Court is directed to terminate any pending motions, close this case, and enter judgment accordingly. DONE and ORDERED in Tampa, Florida on March 7, 2022.
WILLIAM F. a
UNITED STATES DISTRICT JUDGE
Copies furnished to: Pro Se Plaintiff Counsel of Record