ALLEN v. WILLIAMS

CourtDistrict Court, M.D. Georgia
DecidedJune 4, 2025
Docket5:25-cv-00213
StatusUnknown

This text of ALLEN v. WILLIAMS (ALLEN v. WILLIAMS) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
ALLEN v. WILLIAMS, (M.D. Ga. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

DENVER FENTON ALLEN, : : Plaintiff, : : VS. : NO. 5:25-cv-213-TES-CHW : : JOE WILLIAMS, et al., : : Defendants. : :

ORDER Pro se Plaintiff Denver Fenton Allen, a prisoner incarcerated in the Special Management Unit at the Georgia Diagnostic & Classification Prison in Jackson, Georgia, filed a 42 U.S.C. § 1983 complaint. ECF No. 1. Plaintiff neither paid the filing fee nor moved to proceed in forma pauperis. Plaintiff, however, may not proceed without paying the filing fee in full because he has three strikes under the Prison Litigation Reform Act (“PLRA”) and he has not alleged facts demonstrating an “imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). Plaintiff’s complaint is, therefore, DISMISSED for the reasons set forth below. Additionally, Plaintiff is ORDERED to SHOW CAUSE, within FOURTEEN DAYS of the date of this Order why he should not be sanctioned under Rule 11 of the Federal Rules of Civil Procedure for his repeated filing of frivolous, illegible complaints and abuse of judicial process. I. DISMISSAL PURSUANT TO 28 U.S.C. § 1915(g) Under 28 U.S.C. § 1915(g), a prisoner is barred from bringing a civil action in

federal court in forma pauperis if [he] has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.

This is known as the “three strikes provision.” A prisoner incurs a “strike” any time he has a federal lawsuit or appeal dismissed on the grounds that it is (1) frivolous, (2) malicious, or (3) fails to state a claim. See Medberry v. Butler, 185 F.3d 1189, 1192 (11th Cir. 1999); see also Daker v. Comm’r, Ga. Dep’t of Corr., 820 F.3d 1278, 1283-84 (11th Cir. 2016) (confirming that “these three grounds are the only grounds that can render a dismissal a strike”). Once a prisoner incurs three strikes, his ability to proceed in forma pauperis in federal court is greatly limited: leave to proceed in forma pauperis is forbidden “unless the prisoner is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g); Medberry, 185 F.3d at 1192. A review of court records on the Federal Judiciary’s Public Access to Court Electronic Records (“PACER”) database reveals that Plaintiff has filed approximately forty-eight federal civil complaints and at least three of these complaints have been dismissed as frivolous or malicious or for failure to state a claim. See, e.g., Allen v. U.S. District Court (Rome) Northern Dist., 4:14-cv-205-HLM, ECF No. 3 (N.D. Ga. Sept. 12, 2014) (recommending dismissal of “wholly incredible” complaint as frivolous), report and recommendation adopted, ECF No. 6 (N.D. Ga. Sept. 12, 2014) (order adopting recommendation and dismissing complaint as frivolous and for failure to state a claim); Allen v. Goss, 4:14-cv-00229-HLM, ECF No. 3 (N.D. Ga. Sept. 12, 2014) (recommending

dismissal of “wholly incredible” complaint as frivolous), report and recommendation adopted, ECF No. 6 (N.D. Ga. Sept. 26, 2014) (order adopting recommendation and dismissing complaint as frivolous and for failure to state a claim); Allen v. Milsap, 4:12- cv-290-HLM-WEJ, ECF No. 4 (N.D. Ga. Dec. 11, 2012) (recommending dismissal of “wholly incredible” complaint as frivolous), report and recommendation adopted, ECF No. 6 (N.D. Ga. Jan. 2, 2013) (order adopting recommendation and dismissing complaint

because “allegations are wholly incredible and claims are frivolous”); Allen v. Owens, 1:12-cv-143-JRH-WLB, ECF No. 7 (S.D. Ga. Nov. 7, 2012) (recommending dismissal for failure to state a claim), report and recommendation adopted, ECF No. 9 (N.D. Ga. Dec. 5, 2012) (order adopting recommendation to dismiss for failure to state a claim); Allen v. Brown, 1:12-cv-52-JRH-WLB, ECF No. 26 (S.D. Ga. March 7, 2013) (recommending

dismissal for failure to state a claim and abuse of the judicial process), report and recommendation adopted, ECF No 29 (S.D. Ga. Apr. 1, 2013) (order adopting recommendation and dismissing action); Allen v. Georgia, 1:18-cv-4905-CAP, ECF No. 3 (N.D. Ga. Nov. 15, 2018) (noting that Plaintiff has three or more strikes and collecting cases), report and recommendation adopted, ECF No. 6 (N.D. Ga. Dec. 10, 2018) (order

adopting recommendation and dismissing based on strikes). Plaintiff is accordingly barred from prosecuting this action in forma pauperis unless he is in imminent danger of serious physical injury. 28 U.S.C. § 1915(g). To qualify for this exception, a prisoner must allege specific facts that describe an “ongoing serious physical injury, or a pattern of misconduct evidencing the likelihood of imminent serious physical injury.” Sutton v. Dist. Attorney’s Off., 334 Fed. App’x 278, 279 (11th Cir. 2009)

(per curiam) (quoting Brown v. Johnson, 387 F.3d 1344, 1350 (11th Cir. 2004). Complaints of past injuries are not sufficient. See Medberry, 185 F.3d at 1193. Vague and unsupported claims of possible dangers likewise do not suffice. See White v. State of Colo., 157 F.3d 1226, 1231 (10th Cir. 1998). The exception to § 1915(g) is to be applied only in “genuine emergencies,” when (1) “time is pressing,” (2) the “threat or prison condition is real and proximate,” and (3) the “potential consequence is serious physical injury.” Lewis v.

Sullivan, 279 F.3d 526, 531 (7th Cir. 2002). This complaint suffers from the same flaws as many of Plaintiff’s complaints. Plaintiff names at least ninety-five defendants, including many that are patently frivolous, such as Africa, Asia, North America, South America, Central America, Australia, Antarctica, and Facebook. ECF No. 1 at 1. These are obviously not persons

acting under color of state law subject to § 1983 liability or federal officials liable under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Plus, these Defendants have no connection whatsoever to Plaintiff. Additionally, most of the complaint is illegible. See ECF No. 1 at 2, 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32, 34, 36, 38, 40, 42, 44, 46. The Court previously warned

Plaintiff that “[a] complaint [which] cannot be clearly read is subject to dismissal.” Allen v. All 7 Continents World Class, 5:25-cv-187-TES-CHW, ECF No. 3 at 3 (M.D. Ga. May 7, 2025) (order dismissing complaint and stating that “much of Plaintiff’s complaint is illegible and indecipherable gibberish”).

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ALLEN v. WILLIAMS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-williams-gamd-2025.