GENTLE THOMAS, JR.
v.
ADAM MADISON
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A prisoner proceeding in forma pauperis is barred by the three-strike rule if they have previously filed three or more actions dismissed for failure to state a claim.
[1] A prisoner proceeding in forma pauperis is barred from filing a new civil action if the prisoner has, on three or more prior occasions, brought an action or appeal that w…
[2] When a prisoner's request to proceed in forma pauperis is denied under the three-strike provision of 28 U.S.C. …
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The proper procedure is for the district court to dismiss the complaint without prejudice when it denies the prisoner leave to proceed in forma pauperis pursuant to the three strikes provision of § 1915(g). The prisoner cannot simply pay the filing fee after being denied in forma pauperis status. He must pay the filing fee at the time he initiates suit.”
Citation to Dupree v. Palmer, 284 F. 3d 1234, 1236 (11th Cir. 2002), establishing the controlling procedural rule.
Plaintiff, an incarcerated pro se litigant, sought to proceed in forma pauperis. The magistrate judge denied this request based on the three-strike ru…
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THIS CAUSE is before the Court on the Report and Recommendation of the Magistrate Judge (DE [5]) recommending that this cause be dismissed without prejudice. Plaintiff, who is incarcerated and appearing pro se, filed a Petition to Proceed in Forma Pauperis. The magistrate judge denied that motion because Plaintiff falls under the three- strike rule of 28 U.S.C. § 1915(g). See Order (DE [4]) (detailing cases filed by Plaintiff that were dismissed for failure to state a claim). According to the Eleventh Circuit
[T]he proper procedure is for the district court to dismiss the complaint without prejudice when it denies the prisoner leave to proceed in forma pauperis pursuant to the three strikes provision of § 1915(g). The prisoner cannot simply pay the filing fee after being denied in forma pauperis status. He must pay the filing fee at the time he initiates suit.
Dupree v. Palmer, 284 F. 3d 1234, 1236 (11th Cir. 2002). Because Plaintiff's request for in forma pauperis status was denied, the magistrate judge concluded that the Complaint must be dismissed. Plaintiff has not filed an objection to the Report and Recommendation.
The Court has conducted a de novo consideration of the matter and concludes that (1) Plaintiff's in forma pauperis status is barred by § 1915(g) and (2) the Complaint must be dismissed without prejudice. Accordingly, it is hereby
ORDERED AND ADJUDGED that the Report and Recommendation of the Magistrate Judge (DE [5) is APPROVED AND ADOPTED. This case is DISMISSED WITHOUT PREJUDICE for violation of the three-strike rule of 28 U.S.C. § 1915(g). The Clerk of Court is directed to CLOSE this case and DENY AS MOOT any pending motions.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 12th day of February 2026.
RAAG SINGHAL UNITED STATES DISTRICT JUDGE
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