Opinion

Crapo v. Davie Police Department

Court
District Court, S.D. Florida
Filed
May 1, 2020
Cited by
0 cases
Authority
More cited than 20.1%

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

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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