CASEY v. FLORIDA DEPARTMENT OF CORRECTIONS

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
BRIAN M. CASEY,
Plaintiff,
v. Case No. 4:25-cv-415-AW-MAF
FLORIDA DEPARTMENT
OF CORRECTIONS,
Defendant.
_______________________________/
ORDER OF DISMISSAL
Pro se prisoner Brian Casey files many lawsuits. This is one of them. In this
one, he has sued the Florida Department of Corrections. The magistrate judge
recommends dismissal based on Casey’s three-strikes status and the fact that he has
not alleged imminent danger of serious physical injury. ECF No. 5. I have considered
that report and recommendation, and I have considered de novo the issues Casey
raised in his objections (ECF No. 6). I agree with the magistrate judge’s conclusion
that Casey is a three-striker who has not alleged imminent danger of serious physical
injury. I will dismiss on that basis.1
I now incorporate into this order pages one and two of the report and
recommendation, along with the first paragraph on page three. The motion for leave
1 The magistrate judge also correctly noted that the FDOC is not a “person”
for purposes of § 1983. This conclusion, though, would not resolve the ADA claim,
which does not rely on § 1983. Regardless, I do not reach the merits of any claim.
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to proceed in forma pauperis, ECF No. 3, is DENIED. The clerk will enter a
judgment that says, “This case is dismissed without prejudice for failure to pay the
filing fee or secure in forma pauperis status.” The clerk will then close the file.
SO ORDERED on November 17, 2025.
s/ Allen Winsor
Chief United States District Judge
Case 4:25-cv-00415-AW-MAF Document 10 Filed 11/17/25 Page 2 of 2