CAMPBELL v. BRYSON

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
REMOI M. CAMPBELL,
DOC # Y62445,
Plaintiff,
vs. 	Case No. 4:25cv535-AW-MAF
NURSE M. BRYSON,
Defendant.
___________________________/
REPORT AND RECOMMENDATION
Plaintiff is a state prisoner, incarcerated in the Florida Department of
Corrections and currently housed at the Florida State Prison. ECF No. 1.
Plaintiff seeks to initiate a case in this Court, but there are several
problems with this action.
First, Plaintiff is not located in the jurisdiction of the Northern District
of Florida, and neither is the Defendant. Both parties are located in
Raiford, Florida, which is in the Middle District of Florida. Thus, venue is
not appropriate in this Court pursuant to 28 U.S.C. § 1391(b).
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Second, Plaintiff initiated this lawsuit by submitting a civil rights
complaint under 42 U.S.C. § 1983. ECF No. 1. Plaintiff did not, however,
pay the Court’s $405.00 filing fee or, in the alternative, file an in forma
pauperis motion. The reason Plaintiff did not do so is apparently because
Plaintiff is not entitled to in forma pauperis status. 	See 28 U.S.C. §
1915(g). 1
Judicial notice is taken of a fairly recent case Plaintiff initiated in the
Middle District of Florida - case number 2:24cv999-JLB-KCD. That case
was dismissed on November 5, 2024, because “Plaintiff is barred from
proceeding as a pauper under 28 U.S.C. § 1915(g) . . . .” ECF No. 3 of that
case. In dismissing that action, United States District Judge John L.
Badalamenti noted that Plaintiff previously had four cases dismissed as
frivolous or for failure to state a claim - case number 2:23cv548-JLB-NPM,
case number 2:23cv878-JES-KCD, case number 2:23cv771-SPC-KCD,
and case number 2:23cv1084-JLB-KCD. ECF No. 3 of that case.
Accordingly, even if Plaintiff had properly filed an in forma pauperis motion
1 That statute provides that a prisoner may not bring a civil action in forma pauperis
under 28 U.S.C. § 1915 if he “has, on 3 or more occasions . . . brought an action or
appeal . . . 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).
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as required by Local Rule 5.3 at the time of case initiation, such a motion
would have been denied. Plaintiff is not entitled to proceed with a civil case
in federal court unless he simultaneously pays the filing fee at the time of
case initiation. 28 U.S.C. § 1915(g). As a “three striker,” Plaintiff is well
aware of that fact.
Third, Plaintiff’s complaint, ECF No. 1, has been reviewed. Plaintiff
does not allege harm or imminent danger. Plaintiff does not allege wrong
doing by the Defendant. Instead, Plaintiff has presented a vile and vulgar
statement of his intentions to sexually assault a nurse at his institution.
There is no reason to permit this case to proceed.
It is recommended that this case be summarily dismissed. Dismissal
should be with prejudice considering the frivolous nature of Plaintiff’s
complaint, notwithstanding that should Plaintiff desire to file a new case, he
must pay the full $405.00 filing fee at the time of case initiation. Dupree v.
Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (dismissing case without
prejudice because the Plaintiff was subject to § 1915(g) and did not pay the
filing fee at the time he initiated the suit). In this case, Plaintiff should not
re-file this action because it is frivolous and would violate Federal Rule of
Civil Procedure 11(b)(1).
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RECOMMENDATION
It is respectfully RECOMMENDED that this case be DISMISSED with
prejudice because Plaintiff is not entitled to proceed without full
prepayment of the $405.00 filing fee pursuant to 28 U.S.C. § 1915(g) and
because the complaint is frivolous. It is further recommended that if this
Recommendation is adopted by the Court, the Clerk of Court should be
directed to note on the docket that this cause was dismissed pursuant to 28
U.S.C. § 1915(g).
IN CHAMBERS at Tallahassee, Florida, on January 5, 2026.
S/ 	Martin A. Fitzpatrick
MARTIN A. FITZPATRICK
UNITED STATES MAGISTRATE JUDGE
NOTICE TO THE PARTIES
Within fourteen (14) days after being served with a copy of this
Report and Recommendation, a party may serve and file specific written
objections to these proposed findings and recommendations. 	Fed. R.
Civ. P. 72(b)(2). Any different deadline that may appear on the electronic
docket is for the Court’s internal use only and does not control. 	If a
party 	fails 	to 	object 	to 	the 	Magistrate 	Judge’s 	findings 	or
recommendations as to any particular claim or issue contained in this
Report and Recommendation, that party waives the right to challenge on
appeal the District Court’s order based on the unobjected-to factual and
legal conclusions. 	See 11th Cir. Rule 3-1; 28 U.S.C. § 636.
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