Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

RAY CHRIS MOBLEY,

Plaintiff,

vs. Case No. 4:11cv270-MP/WCS

JAMES TIM MOORE, et al.,

Defendants.

 /

REPORT AND RECOMMENDATION

Plaintiff, proceeding pro se, initiated this case on June 6, 2011, buy filing a

motion for in forma pauperis status, doc. 2, and a civil rights complaint. Doc. 1. At that

time, Plaintiff indicated he was in the Putnam County Jail in Georgia. Docs. 1, 2. 

Plaintiff was directed to supplement his in forma pauperis motion by providing a printout

of his inmate bank account for the period of time between December 1, 2010, and May

31, 2011. Doc. 4. Plaintiff filed a response to that order, doc. 5, which was still

deficient. Shortly thereafter, Plaintiff filed a motion to appoint counsel, doc. 6, and that

was denied. Doc. 7. At this time, Plaintiff's in forma pauperis motion remains pending,

but is deficient. Furthermore, Plaintiff filed a notice of change of address, doc. 8, which

Case 4:11-cv-00270-MP-WCS Document 9 Filed 12/05/11 Page 1 of 3
Page 2 of 3

suggests Plaintiff is now released from jail. It would not be appropriate to grant the prior

motion, even if the supporting documents were sufficient to demonstrate Plaintiff's

entitlement to in forma pauperis status because now that he is released from jail, he

might be employed and have sufficient income to pay the filing fee.

More problematic is the fact that it has now been discovered that Plaintiff has

filed 46 cases in this Court. Several of those cases have been dismissed sue sponte for

failing to state a claim upon which relief may be granted under 28 U.S.C. §

1915(e)(2)(B)(ii). Plaintiff filed case 3:11cv269-MCR/EMT on June 6, 2011, and it was

dismissed on July 12, 2011. Docs. 5, 11, 12. Plaintiff filed case 5:11cv170-RS/EMT on

June 6, 2011, and it was dismissed on July 26, 2011. Docs. 7, 11, 12. Plaintiff initiated

case 5:11cv288-MP/CJK on August 22, 2011, and it was dismissed on November 3,

2011. Docs. 7, 9, and 11. 

At the time Plaintiff filed this case, he was a prisoner as defined by § 1915(h).1

Under the relevant statute, a prisoner may not bring a civil action in forma pauperis:

if the prisoner has, on 3 or more 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). Plaintiff has had three or more prisoner actions dismissed in this

Court alone for failing to state a claim. As Plaintiff is no longer in jail, he certainly

cannot be in jeopardy of serious physical injury and, thus, his allegations do not bring

1

 The statute defines "prisoner" as "any person incarcerated or detained in any

facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for,

violations of criminal law or the terms and conditions of parole, probation, pretrial

release, or diversionary program." 28 U.S.C. § 1915(h).

Case No. 4:11cv270-MP/WCS

Case 4:11-cv-00270-MP-WCS Document 9 Filed 12/05/11 Page 2 of 3
Page 3 of 3

him within the "imminent danger" exception. Because Plaintiff has had at least three

prior dismissals and is not under imminent danger of serious physical injury, his request

to proceed in forma pauperis should be denied and this action should be dismissed

without prejudice.

In light of the foregoing, it is respectfully RECOMMENDED that Plaintiff’s motion

to proceed in forma pauperis, doc. 2, be DENIED pursuant to 28 U.S.C. § 1915(g), that

Plaintiff’s complaint, doc. 1, be DISMISSED without prejudice, and that the order

adopting this report and recommendation direct the Clerk of Court to note on the docket

that this cause was dismissed pursuant to 28 U.S.C. § 1915(g).

IN CHAMBERS at Tallahassee, Florida, on December 5, 2011.

 S/ William C. Sherrill, Jr. 

WILLIAM C. SHERRILL, JR.

UNITED STATES MAGISTRATE JUDGE

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 14 days after being served with a copy of this report and

recommendation. A party may respond to another party's objections within 14 days

after being served with a copy thereof. Failure to file specific objections limits the

scope of review of proposed factual findings and recommendations.

Case No. 4:11cv270-MP/WCS

Case 4:11-cv-00270-MP-WCS Document 9 Filed 12/05/11 Page 3 of 3