TOBIN
v.
PERKINS
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The court held that the plaintiff's claims are due to be dismissed under 28 U.S.C. § 1915(g) because his allegations do not give rise to the imminent-harm exception.
The plaintiff filed objections to a Magistrate Judge's report and recommendation that his claims be dismissed. The Magistrate Judge recommended dismis…
The full statement of facts, procedural history, and disposition for this case are member content.
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This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 6, and has also reviewed de novo Plaintiff's objections, ECF No. 7. Plaintiff's objections do not call into doubt the Magistrate Judge's recommendation that Plaintiff's claims are due to be dismissed under 28 U.S.C. § 1915(g) because his allegations do not give rise to the imminent-harm exception. Instead, this Court agrees with the Magistrate Judge that Plaintiff's allegations are conclusory or concern past events, and thus, insufficient to permit Plaintiff to proceed as a three-striker without paying the filing fee. See O'Connor v. Sec'y, Fla. Dept. of Corrs., 732 F. App'x 768 (11th Cir. 2018).
Accordingly,
IT IS ORDERED:
The report and recommendation, ECF No. 6, is accepted and adopted, over the Plaintiff's objections, as this Court's opinion, The Clerk shall enter judgment stating, "Plaintiff's case is DISMISSED without prejudice under 28 U.S.C. § 1915(g) because Plaintiff is a three-striker who has not paid the filing fee and has not sufficiently alleged he is under imminent danger of serious physical injury." Plaintiff's pending motions, ECF No. 3 and 11, are DENIED as moot. The Clerk shall close the file.
SO ORDERED on July 24, 2025.
s/Mark E. Walker United States District Judge
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