FRANKLIN
v.
SECURUS TECHNOLOGIES LLC

N.D. Fla. | 2023-07-03
No. 4:23cv245
2022 WL 382014 District Court, N.D. Florida (2023) Positive Treatment
Cited by 1 case

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Holding

The court held that general allegations of potential COVID-19 exposure are insufficient to establish imminent danger for purposes of the PLRA's "three strikes" provision.

Facts & Procedural History

Plaintiff claimed imminent danger due to a "COVID-19 bio-weapon" and sought to proceed in forma pauperis. The Magistrate Judge recommended dismissal u…

The full statement of facts, procedural history, and disposition for this case are member content.

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Topics
Imminent Danger Exception Prison Litigation Reform Act

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Opinion of the Court

This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 5, and has also reviewed de novo Plaintiff’s objections, ECF No. 6. Plaintiff reiterates that he is in imminent danger in this case based on “the COVID-19 bio-weapon.” ECF No. 6 at 1. But many courts have held that “general allegations regarding potential COVID-19 exposure are insufficient to establish imminent danger.” Hargrove v. Kemp, No. 1:21-CV-4487-ELR, 2022 WL 382014, *1 (N.D. Ga. Jan. 19, 2022) (citations omitted). So too here. Accordingly,

IT IS ORDERED: The report and recommendation, ECF No. 5, is accepted and adopted, over the Plaintiff’s objections, as this Court’s opinion. The Clerk shall enter judgment

stating, “Plaintiff’s action is DISMISSED under 28 U.S.C. § 1915(g), without prejudice to Petitioner’s initiating a new case accompanied by the $402.00 fee in its entirety.” The Clerk shall terminate ECF No. 2 as moot and close the file. SO ORDERED on June 30, 2023.

s/Mark E. Walker ____ Chief United States District Judge

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Citator

Cited By

  • Franklin v. Securus Techs. LLC, 2022 WL 382014 (N.D. Fla. 2023)
    …danger in this case based on “the COVID-19 bio-weapon.” ECF No. 6 at 1. But many courts have held that “general allegations regarding potential COVID-19 exposure are insufficient to establish imminent danger.” Hargrove v. Kemp, No. 1:21-CV-4487-ELR, 2022 WL 382014, *1 (N.D. Ga. Jan. 19, 2022) (citations omitted). So too here. Accordingly, IT IS ORDERED: The report and recommendation, ECF No. 5, is accepted and adopted, over the Plaintiff’s objections, as this Court’s opinion. The Clerk shall enter judgment…

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