4:26-cv-00009•MARTINEZ v. COOPER et al
Full text
1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JOSHUA ISAAC MARTINEZ, Plaintiff, v. Case No. 4:26-cv-9-AW-MJF OFFICER COOPER, et al., Defendants. _______________________________/ ORDER OF DISMISSAL The magistrate judge recommends dismissal under 28 U.S.C. § 1915(g) because Plaintiff is a three-striker who has not alleged “imminent danger of serious physical injury.” ECF No. 4. In his objections, ECF No. 5, Plaintiff acknowledges he is a three-striker. He says he attempts to meet the imminent-danger standard, id. at 3, but he has not done so. Having carefully considered the matter de novo, I now adopt the report and recommendation and incorporate it into this order. The motion for leave to proceed in forma pauperis (ECF No. 2) is DENIED. The clerk will enter a judgment that says, “This case is dismissed without prejudice pursuant to 28 U.S.C. § 1915(g) because Plaintiff has three strikes and has not paid the filing fee or shown imminent danger of serious physical injury.” The clerk will then close the file. Case 4:26-cv-00009-AW-MJF Document 6 Filed 02/17/26 Page 1 of 2
2 SO ORDERED on February 17, 2026. s/ Allen Winsor Chief United States District Judge Case 4:26-cv-00009-AW-MJF Document 6 Filed 02/17/26 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.