The opinion
UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF FLORIDA
Miami Division
Case Number: 19-63175-CIV-MORENO
ADAM SCOTT CRAPO,
Plaintiff,
vs.
DAVIE POLICE DEPARTMENT, Town of
Davie Police, KENNY FERNANDEZ, Davie
Police Officer#957, and DENNIS MURRAY,
Davie Police Officer #912,
Defendants.
_________________________________________/
ORDER ADOPTING MAGISTRATE JUDGE REID’S REPORT AND
RECOMMENDATION AND DISMISSING CASE
THE MATTER was referred to the Honorable Lisette M. Reid, United States Magistrate
Judge, for a Report and Recommendation on complaint for violation of civil rights, filed on
December 30, 2019. The Magistrate Judge filed a Report and Recommendation (D.E. 11) on
March 17, 2020. The Court has reviewed the entire file and record. The Court has made a de
novo review of the issues that the objections to the Magistrate Judge’s Report and
Recommendation present, and being otherwise fully advised in the premises, it is
ADJUDGED that Magistrate Judge Reid’s Report and Recommendation is AFFIRMED
and ADOPTED. Plaintiff’s civil rights complaint is DISMISSED WITHOUT PREJUDICE, as
Plaintiff, a three-strike litigant under 28 U.S.C. § 1915(g), has failed to first pay the filing fee
before filing suit. In her Report and Recommendation, Judge Reid lists, in detail, at least three
prior actions by the Plaintiff that were dismissed as frivolous. “A prisoner who has been struck
out by [28 U.S.C. § 1915(g)] must prepay the entire filing fee in any future cases he files while
incarcerated rather than proceeding IFP. When a prisoner with three strikes tries to proceed IFP,
his suit is due to be dismissed without prejudice.” Howard v. Kraus, 642 F. App’x 940, 941 (11th
Cir. 2016) (citing Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (per curiam)).
Plaintiff also fails to demonstrate that he meets the “imminent danger of serious physical
injury” exception of section 1915(g). In order for a plaintiff to plead this exception, the Eleventh
Circuit requires specific allegations of present imminent danger of serious physical harm. See
Brown y. Johnson, 387 F.3d 1344, 1349-50 (11th Cir. 2004). Reviewing the complaint, the Court
notes it is silent as to whether the Plaintiff is in imminent danger of serious physical injury. Thus,
Plaintiff does not meet this exception and remains barred from proceeding in forma pauperis.
Accordingly, the order granting Plaintiff's motion to proceed in forma pauperis is
VACATED, the complaint is DISMISSED WITHOUT PREJUDICE, and the case is CLOSED.
DONE AND ORDERED in Chambers at Miami, Florida, this 30th of April 2020.
FEDERICO A. MORENO
UNITED STATES DISTRICT JUDGE
Copies furnished to:
United States Magistrate Judge Lisette M. Reid
Counsel of Record
Adam Scott Crapo
551900950
Broward County Jail-NBB
North Broward Bureau
Inmate Mail/Parcels
Post Office Box 407037
Ft. Lauderdale, FL 33340
PRO SE