Eddie James Moultrie v. Justin Carr, et al.

Summary

The United States District Court for the Northern District of Florida adopted the magistrate judge’s Report and Recommendation and dismissed Eddie James Moultrie’s case without prejudice under 28 U.S.C. § 1915(g). The court held that Moultrie was a three-striker, had not shown imminent danger of serious physical injury, and had not paid the filing fee. The court also granted his motion for an extension of time and deemed his objection timely.

Holdings

1. A federal action dismissed under Rule 12(b)(6) for failure to state a claim qualifies as a strike under § 1915(g); dismissal at the pre-service screening stage is not required.
2. Plaintiff could not proceed in forma pauperis because he was a three-striker, had not shown imminent danger of serious physical injury, and had not paid the filing fee.
3. The court did not need to reach the alternative disclosure-based ground because dismissal under § 1915(g) was independently proper.

Questions Presented

1. Whether a prior federal action dismissed under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim qualifies as a strike under 28 U.S.C. § 1915(g).
2. Whether Plaintiff could proceed in forma pauperis despite having three qualifying strikes, no showing of imminent danger of serious physical injury, and failure to pay the filing fee.
3. Whether the district court should dismiss the action based on Plaintiff's incomplete or inaccurate disclosure of his litigation history.

Disposition

dismissed