GENTLE THOMAS, JR. v. ADAM MADISON

SOUTHERN DISTRICT OF FLORIDA CASE NO. 26-20071-CIV-SINGHAL/SANCHEZ GENTLE THOMAS, JR., Plaintiff, vs. ADAM MADISON, Defendant. ______________________________________/ ORDER THIS CAUSE is before the Court on the Report and Recommendation of the Magistrate Judge (DE [5]) recommending that this cause be dismissed without prejudice.

Plaintiff, who is incarcerated and appearing pro se, filed a Petition to Proceed in Forma Pauperis. The magistrate judge denied that motion because Plaintiff falls under the three- strike rule of 28 U.S.C. § 1915(g). See Order (DE [4]) (detailing cases filed by Plaintiff that were dismissed for failure to state a claim). According to the Eleventh Circuit [T]he proper procedure is for the district court to dismiss the complaint without prejudice when it denies the prisoner leave to proceed in forma pauperis pursuant to the three strikes provision of § 1915(g). The prisoner cannot simply pay the filing fee after being denied in forma pauperis status. He must pay the filing fee at the time he initiates suit.

Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). Because Plaintiff’s request for in forma pauperis status was denied, the magistrate judge concluded that the Complaint must be dismissed. Plaintiff has not filed an objection to the Report and Recommendation.

The Court has conducted a de novo consideration of the matter and concludes that (1) Plaintiff’s in forma pauperis status is barred by § 1915(g) and (2) the Complaint must be dismissed without prejudice. Accordingly, it is hereby ORDERED AND ADJUDGED that the Report and Recommendation of the Magistrate Judge (DE [5) is APPROVED AND ADOPTED. This case is DISMISSED WITHOUT PREJUDICE for violation of the three-strike rule of 28 U.S.C. § 1915(g). The Clerk of Court is directed to CLOSE this case and DENY AS MOOT any pending motions.

DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 12th day of February 2026. \ RAAG 5 UNITED STATES DISTRICT JUDGE Copies furnished by US Mail to: Gentle Thomas Jr. 267721 WVCF B East 302 6908 South Old U.S. Hwy 41 Carlisle, IN 47838