CASEY v. FLORIDA DEPARTMENT OF CORRECTIONS

N.D. Florida

CASEY v. FLORIDA DEPARTMENT OF CORRECTIONS

DecidedApril 12, 2024

Docket4:24-cv-00102

StatusUnknown

This text of CASEY v. FLORIDA DEPARTMENT OF CORRECTIONS (CASEY v. FLORIDA DEPARTMENT OF CORRECTIONS) is published on Counsel Stack Legal Research, covering District Court, N.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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CASEY v. FLORIDA DEPARTMENT OF CORRECTIONS, (N.D. Fla. 2024).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

BRIAN CASEY,

Plaintiff,

v. Case No. 4:24-cv-102-AW-MAF

FLORIDA DEP’T OF CORRECTIONS,

Defendant.

_______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Pro se prisoner Brian Casey—a three-striker and prolific litigator—has filed a new case. The magistrate judge recommends dismissal because the complaint does not allege facts showing Casey “is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). ECF No. 4. Casey has filed objections (ECF No. 5), which I have considered de novo. I agree with the magistrate judge. The magistrate judge notes that based on Casey’s litigation history and evidence in his prior cases, he is unworthy of belief. I do not disagree. But that is not the issue here, because the complaint itself does not allege facts showing imminent danger. See Daker v. Ward, 999 F.3d 1300, 1311 (11th Cir. 2021). In dismissing, I am relying solely on what is alleged in the complaint, and it is not sufficient, even accepting all allegations as true. I now adopt the report and recommendation and incorporate it into this order. The clerk will enter a judgment that says, “Plaintiff’s claims are dismissed without

prejudice.” The clerk will then close the file. SO ORDERED on April 12, 2024. s/ Allen Winsor United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

BRIAN CASEY,

Plaintiff,

v. Case No. 4:24-cv-102-AW-MAF

FLORIDA DEP’T OF CORRECTIONS,

Defendant.

_______________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION Pro se prisoner Brian Casey—a three-striker and prolific litigator—has filed a new case. The magistrate judge recommends dismissal because the complaint does not allege facts showing Casey “is under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). ECF No. 4. Casey has filed objections (ECF No. 5), which I have considered de novo. I agree with the magistrate judge. The magistrate judge notes that based on Casey’s litigation history and evidence in his prior cases, he is unworthy of belief. I do not disagree. But that is not the issue here, because the complaint itself does not allege facts showing imminent danger. See Daker v. Ward, 999 F.3d 1300, 1311 (11th Cir. 2021). In dismissing, I am relying solely on what is alleged in the complaint, and it is not sufficient, even accepting all allegations as true. I now adopt the report and recommendation and incorporate it into this order. The clerk will enter a judgment that says, “Plaintiff’s claims are dismissed without

prejudice.” The clerk will then close the file. SO ORDERED on April 12, 2024. s/ Allen Winsor United States District Judge

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CASEY v. FLORIDA DEPARTMENT OF CORRECTIONS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/casey-v-florida-department-of-corrections-flnd-2024.

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