CALI v. SETH et al

1:26-cv-00028Flnd26 janv. 2026

Texte intégral

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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 -
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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.
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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.
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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).
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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.
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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 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.
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