SMITH v. DESANTIS

United States District Court for the Northern District of Florida

SMITH v. DESANTIS

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

FRANKLIN C. SMITH, et al.,

Plaintiffs,

v. Case No. 4:22-cv-176-AW-MAF

GOVERNOR RON DESANTIS, et al.,

Defendants.

_______________________________/ ORDER OF DISMISSAL I have considered the magistrate judge’s report and recommendation, dated June 9. ECF No. 8. There has been no objection. I now adopt the report and recommendation and incorporate it into this order. Plaintiff Smith filed a pro se suit on behalf of himself and others. As the magistrate judge correctly notes, Smith is a nonlawyer and cannot bring claims on behalf of others. The claims of the plaintiffs Smith purports to represent, then, are dismissed without prejudice. As to Smith’s own claims, I dismiss them pursuant to

28 U.S.C. § 1915

(g). Smith does not identify himself as a prisoner, but the magistrate judge concluded he was one. The magistrate judge gave Smith an opportunity to object to the finding that he is a “three-striker,” and Smith filed nothing in response. Thus, Smith’s IFP status has been revoked, and his claims are now dismissed without prejudice.1

The clerk will enter judgment that says, “Plaintiff’s claims are dismissed without prejudice.” The clerk will then close the file. SO ORDERED on July 18, 2022.

s/ Allen Winsor United States District Judge

1 The magistrate judge provided additional bases for dismissal and recommended dismissal with prejudice. Because I dismiss based on the three-strikes provision and have not reached the merits, the dismissal is without prejudice. See Dupree v. Palmer,

284 F.3d 1234, 1236

(11th Cir. 2002).

Reference

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