Opinion

Gaddis v. Marshal

Court
District Court, N.D. Alabama
Filed
Aug 5, 2024
Cited by
0 cases
Authority
More cited than 31.1%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ALABAMA

EASTERN DIVISION

THOMAS JUNIOR GADDIS, )

)

Plaintiff, )

)

v. ) Case No. 1:24-cv-00828-LCB-SGC

)

STEVEN T. MARSHAL, et al., )

)

Defendants. )

MEMORANDUM OPINION

Plaintiff Thomas Gaddis has filed numerous pro se lawsuits and habeas

petitions in this district. Gaddis filed this action pursuant to 42 U.S.C. § 1983 and

sought leave to proceed in forma pauperis. (Docs. 1, 2).1 As he acknowledged in his

complaint,2 Gaddis has, on at least three prior occasions, brought a federal civil

action that was dismissed for failure to state a claim upon which relief can be

granted. Because he cannot proceed in forma pauperis and did not pay the filing and

administrative fees at the time he filed his complaint, the magistrate judge entered a

report recommending the court dismiss this action under the three strikes provision

of 28 U.S.C. § 1915(g). (Doc. 4).

1 Citations to the record refer to the document and page numbers assigned by the court’s CM/ECF

electronic document system and appear in the following format: (Doc. __ at __).

2 See Doc. 1 at 8 (“The record will reflect the Plaintiff is under the 3 strike(s) law.”).

The court received Gaddis’s objection on July 15, 2024, as well as a motion

for an extension of time to pay the filing fee. (Docs. 5, 6). As discussed below, the

court will deny Gaddis’s motion for an extension of time to pay the filing fee and

overrule his objection.

I. Motion for Extension

The magistrate judge recommended this action be dismissed under the Prison

Litigation Reform Act because (1) Gaddis has, on at least three prior occasions,

brought a federal civil action that was dismissed for failure to state a claim upon

which relief can be granted (commonly known as a “strike”),3 and so he cannot

proceed in forma pauperis; (2) he did not pay the filing and administrative fees when

he filed this complaint; and (3) the allegations of the complaint contained no

indication Gaddis is in imminent danger of serious physical injury. (Doc. 4). The

Eleventh Circuit has held that when a prisoner with three strikes files a complaint

without paying the filing fee, the district court should dismiss the complaint without

prejudice. Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). “The prisoner

3 See Gaddis v. Giddens, No. 21-0591-LSC-SGC, Doc. 2 (N.D. Ala. dismissed June 30, 2021)

(cataloging Gaddis’s many pro se matters, dismissing his § 2241 habeas case, deeming him a

vexatious litigant, and restricting his ability to file future habeas petitions in this district); see also

Gaddis v. Yant, No. 1:16-cv-01973-AKK-JEO (N.D. Ala. filed Dec. 9, 2016) (failure to state a

claim); Gaddis v. Ledbetter, No. 1:16-cv-00348-RDP-JEO (N.D. Ala. filed Feb. 29, 2016) (failure

to state a claim); and Gaddis v. Andrijeski, No. 1:16-cv-00682-VEH-JEO (N.D. Ala. filed Apr. 27,

2016) (failure to state a claim); see also Gaddis v. Woodrouf, No. 21-0460-CLM-SGC (N.D. Ala.

dismissed May 14, 2021) (dismissing complaint under three strikes provision); Gaddis v. Johnson,

No. 1:22-cv-00996-LCB-SGC (N.D. Ala. dismissed Aug. 29, 2022) (same).

cannot simply pay the filing fee after being denied in forma pauperis status. He must

pay the filing fee at the time he initiates the suit.” Id. (emphasis added). The only

exception to this rule arises when “the prisoner is under imminent danger of serious

physical injury.” 28 U.S.C. § 1915(g).

Gaddis now asks the court to permit him additional time to raise the money to

pay the filing fee through gofundme.com. (Doc. 5). As explained above, however,

the law on this issue is clear – Gaddis cannot pay the filing fee after being denied in

forma pauperis status. Because he has three strikes, Gaddis was required to pay the

fee when he filed his complaint. His motion for an extension will therefore be denied.

II. R&R and Gaddis’s Objections

As indicated above, Gaddis acknowledges that he has accrued three strikes;

however, he contends he meets the imminent danger exception to the three strikes

rule. In his objection, he asserts that at various times since 2019, Sylacauga or

Talladega law enforcement officers have injured him and attempted to execute him.

(Doc. 6 at 1-8). These allegations echo other claims he has made in multiple lawsuits

that allege an elaborate conspiracy between Talladega and Sylacauga law

enforcement to target Gaddis for murder because he is a witness to their supposed

corruption and crimes. See, e.g., Gaddis, 1:21-cv-00591-LSC-SGC, ECF No. 4. He

also complains he committed a misdemeanor but was charged and sentenced for a

felony, and he complains about the sentence he was given to serve. (Id. at 7-8). With

respect to the allegations in his lawsuit about his probation revocation proceedings,

Gaddis claims he did not receive copies of some document, and the judge simply

announced Gaddis’s probation would be revoked. (Id. at 8). He argues this violates

due process, and he still does not know why his probation was revoked. (Id.). He

asserts that while he is within the state judicial system, he is “always in or under

imminent danger of serious physical injury.” (Id.).

Gaddis claims he is under imminent danger of serious physical injury because

he is without medication and suffers from high blood pressure and bad eyesight. (Id.

at 7). He fears he will be attacked or murdered, whether he is in or out of prison.

(Id.). Gaddis’s claim about a lack of medication appears only in his objection; this

issue is not mentioned in his complaint. Instead, the complaint focuses on alleged

violations of Gaddis’s Fifth, Sixth, and Fourteenth Amendment rights during his

probation revocation proceeding. (Doc. 1 at 3-4). His complaint alleges that during

his May 2023 probation revocation hearing, Gaddis never received a written copy of

the alleged probation violations, never saw the probation officer, and was not given

time to prepare a defense. (Id. at 11). He also claims he was threatened and coerced.

(Id.). As relief, he asks this court to order the defendants to serve him with “a written

copy of the conditional regulations, evidence as to why his liberty has been taken

from him.” (Id. at 5).

To determine if § 1915(g)’s exception is met, the “complaint, as a whole,

[must] allege[ ] imminent danger of serious physical injury.” Brown v. Johnson, 387

F.3d 1344, 1350 (11th Cir. 2004). To make this showing, a plaintiff “must allege

and provide specific fact allegations of ongoing serious physical injury, or a pattern

of misconduct evidencing the likelihood of imminent serious physical injury[.]” Ball

v. Allen, No. CIV.A. 06-0496-CG-M, 2007 WL 484547, at *1 (S.D. Ala. Feb. 8,

2007). Additionally, the allegations of imminent danger must be related to the crux

of the claim. See Daker v. Robinson, 802 F. App’x 513, 515 (11th Cir. 2020) (citing

Pettus v. Morgenthau, 554 F.3d 293, 297 (2d Cir. 2009)) (“[T]he statute requires

that the prisoner’s complaint seek to redress an imminent danger of serious physical

injury and that this danger must be fairly traceable to a violation of law alleged in

the complaint.”).

The claims Gaddis raises in his objection about his medication and general

fear for his safety are unconnected to the crux of his complaint, which is focused on

alleged procedural defects in his parole revocation proceedings. Because Gaddis’s

complaint contains no allegations of imminent danger of serious physical injury, he

does not fall within the exception to § 1915(g). Therefore, this action is due to be

dismissed.

After careful consideration of the record in this case and the magistrate judge’s

report, the court OVERRULES Gaddis’s objection (Doc. 6), ADOPTS the report,

and ACCEPTS the recommendation. (Doc. 4). Consistent with that

recommendation, Gaddis’s application to proceed in forma pauperis is DENIED

(Doc. 2), and this action is due to be dismissed without prejudice under 28 U.S.C. §

1915(g). Gaddis’s motion for an extension of time is DENIED. (Doc. 5).

A separate order will be entered.

DONE and ORDERED this August 5, 2024.

LILES C. BURKE

UNITED STATES DISTRICT JUDGE

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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