Gentle Thomas, Jr. v. Adam Madison

Summary

The United States District Court for the Southern District of Florida recommends dismissing Gentle Thomas, Jr.’s complaint without prejudice because his motion to proceed in forma pauperis was denied under the three-strikes provision of 28 U.S.C. § 1915(g). The Report and Recommendation also recommends closing the case and explains the consequences of failing to file timely objections.

Holdings

1. When a prisoner is denied leave to proceed in forma pauperis under the three-strikes provision of § 1915(g), the complaint should be dismissed without prejudice.
2. Because dismissal of the complaint is dispositive and the magistrate judge lacked authority to enter the dispositive order, the matter was properly submitted to the district judge by report and recommendation.

Questions Presented

1. Whether the complaint should be dismissed without prejudice after Plaintiff was denied in forma pauperis status under the three-strikes provision of 28 U.S.C. § 1915(g).
2. Whether a prisoner may pay the filing fee after being denied in forma pauperis status under § 1915(g), rather than paying the fee when initiating the action.
3. Whether the magistrate judge could enter a dispositive order dismissing the complaint or instead was required to issue a report and recommendation.

Disposition

remanded