SMITH
v.
DESANTIS
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The court adopts the magistrate judge's recommendation to dismiss the claims without prejudice.
Plaintiff Smith, a nonlawyer proceeding pro se, filed suit on behalf of himself and others. The magistrate judge found Smith to be a 'three-striker' a…
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I have considered the magistrate judge’s report and recommendation, dated June 9. ECF No. 8. There has been no objection. I now adopt the report and recommendation and incorporate it into this order. Plaintiff Smith filed a pro se suit on behalf of himself and others. As the magistrate judge correctly notes, Smith is a nonlawyer and cannot bring claims on behalf of others. The claims of the plaintiffs Smith purports to represent, then, are dismissed without prejudice. As to Smith’s own claims, I dismiss them pursuant to 28 U.S.C. § 1915(g). Smith does not identify himself as a prisoner, but the magistrate judge concluded he was one. The magistrate judge gave Smith an opportunity to object to the finding that he is a “three-striker,” and Smith filed nothing in response. Thus, Smith’s IFP status has been revoked, and his claims are now dismissed without prejudice.1
The clerk will enter judgment that says, “Plaintiff’s claims are dismissed without prejudice.” The clerk will then close the file. SO ORDERED on July 18, 2022.
s/ Allen Winsor United States District Judge