Snipes v. Dixon

• Court: District Court, M.D. Florida
• Decided: January 26, 2026
• Docket: 3:26-cv-00102
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION

TRAYMONTE B. SNIPES,

Plaintiff,

v. Case No. 3:26-cv-102-JEP-SJH

RICKY D. DIXON, et al.,

Defendants. ________________________________

ORDER OF DISMISSAL WITHOUT PREJUDICE

Plaintiff, an inmate of the Florida penal system who is proceeding pro se, initiated this action by filing a complaint under 42 U.S.C. § 1983 (Doc. 1), an incomplete motion to proceed in forma pauperis (Doc. 2), and a motion for immediate injunction (Doc. 3). The gravamen of Plaintiff’s complaint is that prison staff have interfered with his mail. See Doc. 1 at 3, 5; Doc. 3 at 1–2. In part, he asks the Court to order Defendants to cease their unconstitutional practices and to have law enforcement initiate criminal investigations or arrests. See Doc. 1 at 6; Doc. 3 at 1. The Prison Litigation Reform Act (PLRA) amended 28 U.S.C. § 1915 by adding the following subsection: (g) In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner 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.

28 U.S.C. § 1915(g). Section 1915(g), commonly referred to as the “three strikes” provision, requires this Court to consider prisoner actions dismissed before, as well as after, the enactment of the PLRA. Plaintiff is a three-strikes litigant under § 1915(g). See Doc. 10, Case No. 2:24-cv-612-JLB-NPM (M.D. Fla., July 18, 2024). The Court takes judicial notice of filings previously brought by Plaintiff that were dismissed as frivolous, malicious, or for failure to state a claim. See Case No. 2:22-cv-386- SPC-KCD (M.D. Fla. June 29, 2022) (failure to state a claim and frivolous); Case No. 2:21-cv-8-JLB-MRM (M.D. Fla. Apr. 22, 2021) (failure to state a claim); Case No. 8:18-cv-671-T-33CPT (M.D. Fla. Mar. 26, 2018) (failure to state a claim). Because Plaintiff has had three or more qualifying dismissals and his allegations do not warrant the imminent danger exception to dismissal, he may not proceed in forma pauperis. Additionally, Plaintiff fails to demonstrate he is entitled to injunctive relief. See Schiavo ex rel. Schindler v. Schiavo, 403 F.3d 1223, 1225–26 (11th 2 Cir. 2005) (setting forth the prerequisites to obtaining the drastic remedy of injunctive relief). See also M.D. Fla. R. 6.01(a), (b) (listing what a motion for a

temporary restraining order must contain, including a memorandum of law). Aside from the substantive and procedural deficiencies of Plaintiff’s motion, this Court cannot grant him the relief he seeks (i.e., criminal investigations or arrests). See Billings v. Allen, Civ. No. 7:14-CV-052-HL-TQL, 2014 WL

1621782, at *4 (M.D. Ga. Apr. 22, 2014) (“The United States District Courts do not have jurisdiction to institute criminal proceedings or the authority to order state or federal law enforcement agencies or prosecutors to initiate investigations or prosecutions.”); Stoll v. Martin, No. 3:06CV180/LAC/EMT,

2006 WL 2024387, at *3 (N.D. Fla. July 17, 2006) (“This court cannot direct that a federal prosecution occur; authority to investigate and initiate criminal complaints rests exclusively with federal prosecutors.”). Finding Plaintiff may not proceed in forma pauperis or obtain injunctive

relief, his motions will be denied, and this action will be dismissed without prejudice. If Plaintiff wants to proceed on any claims, he may initiate a new civil rights action by filing a new civil rights complaint, using the Court- approved form, accompanied by a payment of $405.00 ($350.00 filing fee and

$55.00 administrative fee).

3 Accordingly, it is now ORDERED AND ADJUDGED: 1. Plaintiffs motion to proceed in forma pauperis (Doc. 2) is DENIED. 2. Plaintiff's motion for immediate injunction (Doc. 3) is DENIED. 3. This case is DISMISSED without prejudice. 4, The Clerk shall enter judgment dismissing this case without prejudice, terminate any pending motions as moot, and close this case. DONE AND ORDERED at Jacksonville, Florida, this 26th day of January, 2026.

JORDAN E. PRATT UNITED STATES DISTRICT JUDGE

Jax-6 Cc: Traymonte B. Snipes