Thomas v. Madison

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 26-20071-CIV-SINGHAL/SANCHEZ
GENTLE THOMAS, JR.,
Plaintiff,
vs.
ADAM MADISON,
Defendant.
______________________________________/
ORDER
THIS CAUSE is before the Court on the Report and Recommendation of the
Magistrate Judge (DE [5]) recommending that this cause be dismissed without prejudice.
Plaintiff, who is incarcerated and appearing pro se, filed a Petition to Proceed in Forma
Pauperis. The magistrate judge denied that motion because Plaintiff falls under the three-
strike rule of 28 U.S.C. § 1915(g). See Order (DE [4]) (detailing cases filed by Plaintiff
that were dismissed for failure to state a claim). According to the Eleventh Circuit
[T]he proper procedure is for the district court to dismiss the
complaint without prejudice when it denies the prisoner
leave to proceed in forma pauperis pursuant to the three
strikes provision of § 1915(g). The prisoner cannot simply
pay the filing fee after being denied in forma pauperis
status. He must pay the filing fee at the time he initiates
suit.
Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). Because Plaintiff’s request for
in forma pauperis status was denied, the magistrate judge concluded that the Complaint
must be dismissed. Plaintiff has not filed an objection to the Report and Recommendation.
The Court has conducted a de novo consideration of the matter and concludes that (1)
Plaintiff’s in forma pauperis status is barred by § 1915(g) and (2) the Complaint must be
dismissed without prejudice. Accordingly, it is hereby
Case 1:26-cv-20071-AHS Document 7 Entered on FLSD Docket 02/13/2026 Page 1 of 2

ORDERED AND ADJUDGED that the Report and Recommendation of the
Magistrate Judge (DE [5) is APPROVED AND ADOPTED. This case is DISMISSED
WITHOUT PREJUDICE for violation of the three-strike rule of 28 U.S.C. § 1915(g). The
Clerk of Court is directed to CLOSE this case and DENY AS MOOT any pending motions.
DONE AND ORDERED in Chambers, Fort Lauderdale, Florida, this 12th day of
February 2026.
Copies furnished by US Mail to:
Gentle Thomas Jr.
267721
WVCF B East 302
6908 South Old U.S. Hwy 41
Carlisle, IN 47838
Case 1:26-cv-20071-AHS Document 7 Entered on FLSD Docket 02/13/2026 Page 2 of 2