Sykes v. Federal Bureau of Prisons

• Court: District Court, M.D. Florida
• Decided: December 21, 2021
• Docket: 5:21-cv-00619
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION

DORIAN TREVOR SYKES,

Plaintiff,

v. Case No: 5:21-cv-619-WFJ-PRL

FEDERAL BUREAU OF PRISONS, et al.,

Defendants. / ORDER THIS CAUSE is before the Court on Plaintiff Dorian Trevor Sykes’ Civil Rights Complaint filed pursuant to 42 U.S.C. § 1983. (Doc. 1). Plaintiff names eight Defendants and alleges that Defendants are retaliating against, threatening, and harassing him due to his pending lawsuit. He asserts that he is suffering mental anguish as a result. Plaintiff also seeks leave to proceed in forma pauperis under 28 U.S.C. § 1915. (Doc. 2). Section 1915(g) of Title 28 limits a prisoner’s ability to bring a civil action in forma pauperis under certain circumstances: (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). Thus, if a prisoner has had three or more cases dismissed for one of the recited reasons and he is not under imminent danger of serious physical injury, he cannot proceed in forma pauperis and must pay the filing fee in full at the time the lawsuit is initiated. Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). Consequently, courts have a responsibility to dismiss cases, even sua sponte, under 28

U.S.C. §1915(g). See, e.g., Casey v. Scott, 493 F. App’x 1000, 1001 (11th Cir. 2012). The Court takes judicial notice of three federal actions previously brought by Plaintiff that qualify as “strikes” under § 1915(g): (1) Dorian Trevor Sykes v. Federal Bureau of Prisons, et al., 5:09-cv-389-Oc-22GRJ (M.D. Fla.) (abuse of judicial process)1;

(2) Dorian Trevor Sykes v. Federal Bureau of Prisons, et al., 1:07-cv-1004-DDD (W.D. La.) (frivolous and failure to state a claim); and (3) Dorian Trevor Sykes v. Gary M. Biniecki, 2:20-cv-11330 (E.D. Mich.) (failure to state a claim). Accordingly, Plaintiff is barred from proceeding as a pauper in a civil action unless he is under “imminent danger of serious physical injury.” 28 U.S.C. § 1915(g).

Plaintiff’s allegations of retaliation, threats, and harassment, as well as his assertion that “his safety and life is in imminent danger, due to him having thoughts of self-harm and suicidal ideation,” are insufficient to warrant the imminent danger

1 In Rivera, the Eleventh Circuit found that “dismissal for abuse of the judicial process is precisely the type of strike that Congress envisioned when drafting section 1915(g).” Rivera v. Allin, 144 F.3d 719, 731 (11th Cir. 1998). exception to dismissal. Plaintiff may initiate a new civil rights case by filing a civil rights complaint and paying the filing fee in full. It is now ORDERED and ADJUDGED: 1. This case is hereby DISMISSED without prejudice. 2. The Clerk of Court is directed to terminate any pending motions, close this case, and enter judgment accordingly. DONE and ORDERED in Tampa, Florida on December 21, 2021.

WILLIAM F. ars UNITED STATES DISTRICT JUDGE

Copies furnished to: Pro Se Plaintiff Counsel of Record