4:26-cv-00176•HATCHER v. DENMARK et al
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Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION MARK EUGENE HATCHER, Plaintiff, v. Case No. 4:26-cv-176-TKW/MJF QUANTASHA DENMARK, et al., Defendants. / REPORT AND RECOMMENDATION Plaintiff Mark Eugene Hatcher has filed a complaint under 42 U.S.C. § 1983 and a motion for leave to proceed in forma pauperis. Docs. 1, 2. Because Plaintiff has incurred three “strikes” and is barred by 28 U.S.C. § 1915(g) from proceeding in forma pauperis, the District Court should dismiss this case. BACKGROUND Plaintiff is an inmate of the Florida Department of Corrections (“FDC”) who currently is confined at the Florida State Prison. Doc. 1. Plaintiff alleges that, while the FDC incarcerated him at the Taylor Correctional Institution, Defendants violated the Eighth and Fourteenth Amendments by depriving him of bedding and all clothing other than his underwear. Id. at 7. Case 4:26-cv-00176-TKW-MJF Document 9 Filed 05/05/26 Page 1 of 4
Page 2 of 4 D ISCUSSION Under the so-called “three-strikes rule” in 28 U.S.C. § 1915(g), a prisoner is prohibited from proceeding in forma pauperis if the prisoner previously filed three or more actions that were dismissed for frivolity, maliciousness, or failure to state a claim. 28 U.S.C. § 1915(g); see Lomax v. Ortiz-Marquez, 140 S. Ct. 1721, 1723 (2020). A prisoner who is barred from proceeding in forma pauperis must pay the filing fee at the time he initiates his lawsuit, and failure to do so warrants dismissal of his case without prejudice. Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (noting that a “prisoner must pay the full filing fee at the time he initiates suit”) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)). Plaintiff has incurred at least three strikes under section 1915(g): • Hatcher v. Makarowski, No. 3:23-cv-1302-HES-LLL, ECF No. 3 (M.D. Fla. Jan. 22, 2024) (dismissing Plaintiff’s complaint for failure to state a plausible claim for relief); • Hatcher v. State, No. 3:24-cv-1017-MMH-SJH, ECF No. 4 (M.D. Fla. Jan. 29, 2025) (dismissing Plaintiff’s complaint for failure to state a plausible claim for relief); and • Hatcher v. Cardenas, et al., No. 3:25-cv-1098-WWB-PDB, ECF No. 4 (M.D. Fla. Oct. 9, 2025) (dismissing Plaintiff’s complaint for failure to state a plausible claim for relief). Case 4:26-cv-00176-TKW-MJF Document 9 Filed 05/05/26 Page 2 of 4
Page 3 of 4 Indeed, pursuant to the “three-strikes” rule, two federal courts already have dismissed two other cases Plaintiff had filed.1 Because Plaintiff has incurred at least three strikes, Plaintiff may not litigate this case in forma pauperis unless he shows that he is “under imminent danger of serious physical injury.” 28 U.S.C. § 1915(g); Brown v. Johnson, 387 F.3d 1344, 1349 (11th Cir. 2004). To fall within this exception, Plaintiff’s complaint must include “specific, credible allegations of imminent danger of serious physical harm.” Hafed v. Fed. Bureau of Prisons, 635 F.3d 1172, 1179 (10th Cir. 2011) (quotation omitted). General allegations are insufficient to invoke section 1915(g)’s exception. See Martin v. Shelton, 319 F.3d 1048, 1050 (8th Cir. 2003). Plaintiff alleges only that he suffered mistreatment in the past—in 2024 and 2025. Doc. 1 at 10, 25–27. Also, Plaintiff does not allege that the mistreatment occurred at his current abode—the Florida State Prison. Rather, Plaintiff alleges that FDC employees mistreated him at the Taylor Correctional Institution. Id. at 7. Thus, Plaintiff fails to allege that he is in “imminent” danger of serious physical injury. Accordingly, Plaintiff is barred from proceeding in forma pauperis. 1 See Hatcher v. Warden, et al., No. 8:26-cv-246-SDM-LSG, ECF No. 4 (M.D. Fla. Feb. 3, 2026); Hatcher v. Hardee Corr. Inst., et al., No. 8:26- cv-217-JLB-CPT, ECF No. 4 (M.D. Fla. Jan. 30, 2026) Case 4:26-cv-00176-TKW-MJF Document 9 Filed 05/05/26 Page 3 of 4
Page 4 of 4 C ONCLUSION For the reasons set forth above, the undersigned respectfully RECOMMENDS that the District Court: 1. DISMISS this action without prejudice pursuant to 28 U.S.C. § 1915(g). 2. DIRECT the clerk of the court to terminate all pending motions and to close this case file. At Pensacola, Florida, this 5th day of May 2026. /s/ Michael J. Frank Michael J. Frank United States Magistrate Judge NOTICE TO THE PARTIES The District Court referred this case to a magistrate judge to address dispositive matters. See N.D. Fla. Loc. R. 72.2; see also 28 U.S.C. § 636(b)(1)(B), (C); Fed. R. Civ. P. 72(b). Objections to these proposed findings and recommendations must be filed within fourteen days. An objecting party must serve a copy of the objections on all other parties. A party who fails to object to the magistrate judge’s findings or recommendations contained in a report and recommendation waives the right to challenge on appeal the District Court’s order based on unobjected-to factual and legal conclusions. See 11th Cir. Rule 3-1; 28 U.S.C. § 636. The parties also are advised that if they dispute the accuracy of any facts taken from judicially-noticed documents, they must raise this issue in an objection to this report and recommendation. Case 4:26-cv-00176-TKW-MJF Document 9 Filed 05/05/26 Page 4 of 4
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