1:26-cv-00028•CALI v. SETH et al
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Page 1 of 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION SALEEBAN MAXAMETH CALI, Inmate # 1000439372, Plaintiff, vs. Case No. 1:26cv28-AW-MAF UNITED STATES SECRETARY, et al., Defendants. ____________________________/ REPORT AND RECOMMENDATION Plaintiff is a state prisoner incarcerated in Georgia; he has initiated a case in this Court by submitting a pro se civil rights complaint. ECF No. 1. Plaintiff did not file an in forma pauperis motion but he did submit a prisoner consent form, ECF No. 2, which suggests he intended to proceed without payment of the filing fee. First, Plaintiff has used the name “Saleeban Maxameth Cali” in this litigation. ECF Nos. 1, 2. However, he also provided his inmate number in the Georgia Department of Corrections. Id. That number - 1000439372 - Case 1:26-cv-00028-AW-MAF Document 4 Filed 01/26/26 Page 1 of 6
Page 2 of 6 is to inmate Saleevan Isse Adan who is serving a life sentence for murder. 1 Mr. Adan is currently incarcerated at the Special Management Unit, which is the address provided by Plaintiff “Saleevan Cali.” The Court concludes that Plaintiff is the same individual as Saleevan Isse Adan. Second, Plaintiff indicated he previously filed cases which were dismissed as either frivolous, malicious, for failure to state a claim, or prior to service. ECF No. 1 at 9-11. However, Plaintiff did not properly identify any of those cases. Accordingly, the Court has made an independent examination of prior cases filed by Plaintiff. In doing so, because Plaintiff has used several different names, the Court confirmed through use of Plaintiff’s inmate number that he is the person who filed the cases listed below. Plaintiff filed case number 5:25cv481-MTT-ALS in the United States District Court for the Middle District of Georgia on November 3, 2025, using the name Saleeban Isse Adan. The case was dismissed two days later pursuant to 28 U.S.C. § 1915(g), the “three strikes” provision of the Prison Litigation Reform Act. ECF No. 3 of that case. In dismissing the case, 1 An offender query was performed using his inmate number on the Georgia Department of Correction’s website: https://services.gdc.ga.gov/GDC/OffenderQuery. Case No. 1:26cv28-AW-MAF Case 1:26-cv-00028-AW-MAF Document 4 Filed 01/26/26 Page 2 of 6
Page 3 of 6 United States District Judge Marc T. Treadwell explained that Plaintiff 2 had filed more than one hundred (100) federal lawsuits and he identified five prior cases that were dismissed either as frivolous, malicious, or for failure to state a claim. This Court has independently reviewed Plaintiff’s litigation history and finds that Plaintiff filed case number 5:24-CV-00031-TES-CHW, Adan v. American White Government, in the Middle District of Georgia. It was dismissed with prejudice on January 25, 2024, as frivolous under 28 U.S.C. § 1915A(b)(1). That counts as a strike. Plaintiff filed case number 5:14-cv-00363-MTT-MSH, Adan v. Georgia State Prison, in the Middle District of Georgia. It was dismissed on December 2, 2014, as frivolous under 28 U.S.C. § 1915A(b)(2). The counts as Plaintiff’s second strike. Plaintiff filed case number 1:14-CV-01274-WSD, Adan v. Faduma All, in the Northern District of Georgia. It was dismissed on November 19, 2014, for failure to state a claim because Plaintiff’s mother was not “a state actor.” ECF No. 17 of that case. That counts as Plaintiff’s third strike. 2 The Order also acknowledged that Plaintiff filed the case as Saleeban Isse Adan, but is “also known as Saleevan Isse Adan.” ECF No. 3 at 1, case # 5:25cv481. Case No. 1:26cv28-AW-MAF Case 1:26-cv-00028-AW-MAF Document 4 Filed 01/26/26 Page 3 of 6
Page 4 of 6 The Court finds that Plaintiff is fully aware that he has “three strikes” and is not entitled to proceed without full payment of the filing fee at the time of case initiation. 28 U.S.C. § 1915(g).3 In addition to case number 5:25cv481-MTT-ALS which was identified above has having been dismissed under 28 U.S.C. § 1915(g), Plaintiff also recently filed case number 5:25cv322-MTT-ALS in Middle District of Georgia. It was dismissed just a month ago on December 18 2025, under the three strikes provision of 28 U.S.C. § 1915(g). The Court concludes that because Plaintiff has “struck out” in the federal courts in the State of Georgia, he is now altering his name in an attempt to file cases in the Northern District of Florida. In November 2025, Plaintiff initiated case number 1:25cv349-MW-ZCB in this Court. United States Magistrate Judge Zachary C. Bolitho identified Plaintiff Saleeban Maxameth Cali as inmate Saleevan Isse Adan. ECF No. 3 of that case. Further, Judge Bolitho found that Plaintiff has three strikes, is not eligible to 3 That statute provides: “In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior 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). Case No. 1:26cv28-AW-MAF Case 1:26-cv-00028-AW-MAF Document 4 Filed 01/26/26 Page 4 of 6
Page 5 of 6 proceed in forma pauperis, and recommended the case be dismissed pursuant to 28 U.S.C. § 1915(g). That recommendation was granted and the case was dismissed on December 11, 2025. Just a month later, Plaintiff initiated this case. Having now determined Plaintiff’s correct identity, and having confirmed that he has three strikes, Plaintiff’s complaint, ECF No. 1, has been reviewed to determine if he alleged sufficient facts to show that he faces “imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). He does not. Plaintiff’s complaint contains frivolous and nonsensical assertions unrelated to the current conditions of his confinement. Accordingly, it is recommended that this case be summarily dismissed pursuant to § 1915(g) because his complaint is frivolous, he did not pay the filing fee at the time of case initiation, and he is not entitled to in forma pauperis status. Should Plaintiff desire to file a new case in this Court, 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). Furthermore, Plaintiff must use his lawful name should he file another case in this Court. Case No. 1:26cv28-AW-MAF Case 1:26-cv-00028-AW-MAF Document 4 Filed 01/26/26 Page 5 of 6
Page 6 of 6 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 26, 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. Case No. 1:26cv28-AW-MAF Case 1:26-cv-00028-AW-MAF Document 4 Filed 01/26/26 Page 6 of 6
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