Beaudion III v. Ar Mart Food Service
| Henry Joseph Beaudion III |
| Ar Mart Food Service |
| 4:2020cv10080 |
| July 20, 2020 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lisette M Reid |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing 6
PAPERLESS ORDER ON REPORT AND RECOMMENDATION. THIS CAUSE came before the Court upon Plaintiff's Complaint Under the Civil Rights Act, 42 U.S.C. 1983. #1 . The Court referred the matter to the Honorable Lisette M. Reid, United States Magistrate Judge, who issued a Report of Magistrate Judge recommending that the above captioned cause be dismissed without prejudice because Plaintiff is a "three-striker" under 28 U.S.C. 1915(g) and failed to pay the statutory filing fee. #4 . Plaintiff did not file objections and the time to do so has passed. The matter is now ripe for review. As set forth below, the Court ADOPTS the R&R. The Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 72(b)(3). Plaintiff filed a Motion for Leave to Proceed In Forma Pauperis with his Complaint. #1 . To date, Plaintiff has not paid the statutory filing fee. Magistrate Judge Reid found that Plaintiff "has brought at least three civil actions while incarcerated which were dismissed and count as strikes pursuant to 28 U.S.C. 1915(g)." #4 at 3. Magistrate Judge Reid notes that a plaintiff who has filed at least three previously dismissed cases which qualify as strikes may only proceed in forma pauperis if he or she can demonstrate that they are in imminent danger of serious physical injury. Id. at 4. However, Magistrate Judge Reid finds that Plaintiff failed to allege that he was in imminent danger of serious physical injury. Id. at 5. Therefore, Magistrate Judge Reid recommends that the Court dismiss the Complaint #1 and close the case for failure to pay the statutory filing fee. Id. This Court agrees. Accordingly, UPON CONSIDERATION of the Complaint, the R&R, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Magistrate Judge Reid's Report of Magistrate Judge #4 is ADOPTED and Plaintiff's Complaint #1 is DISMISSED. The Clerk of Court is instructed to CLOSE this case. It is further ORDERED that Plaintiff's motion for leave to proceed in forma pauperis #3 is DENIED. All pending motions, if any, are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 8/21/2020. (tsr)
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| Filing 5 Notice of Filing Letter by Henry Joseph Beaudion III (jbs) |
| Filing 4 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re #3 MOTION for Leave to Proceed in forma pauperis filed by Henry Joseph Beaudion III, #1 Complaint 42 USC 1983 or Bivens filed by Henry Joseph Beaudion III; Recommending that Plaintiff's Complaint [ECF No. 1], be DISMISSED without prejudice; his motion for leave to proceed in forma pauperis [ECF No. 3] be DENIED; and this case CLOSED. Objections to R&R due by 8/10/2020. Signed by Magistrate Judge Lisette M. Reid on 7/27/2020. See attached document for full details. (br) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Henry Joseph Beaudion III. (jbs) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (jbs) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Ar Mart Food Service. Filing fee $ 400.00. IFP Filed, filed by Henry Joseph Beaudion III.(jbs) |
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