4:25-cv-00276•BROWN v. COUNTRYMAN et al
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION JESSIE LEE BROWN, : : Plaintiff, : v. : Case No. 4:25-cv-276-CDL-AGH : Sheriff COUNTRYMAN, et al., : : Defendants. : __________________________________ RECOMMENDATION OF DISMISSAL Pro se Plaintiff Jessie Lee Brown, an inmate incarcerated at the Muscogee County Jail in Columbus, Georgia, filed a complaint seeking relief pursuant to 42 U.S.C. § 1983. ECF No. 1. Plaintiff seeks leave to proceed in forma pauperis. ECF No. 2. For the reasons discussed below, it is RECOMMENDED that Plaintiff’s motion for leave to proceed in forma pauperis be DENIED and that this action be DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). It is further RECOMMENDED that Plaintiff’s complaint be DISMISSED pursuant to 28 U.S.C. § 1915A for failure to state a claim for which relief may be granted. I. Dismissal Pursuant to 28 U.S.C. § 1915(g) Federal law bars a prisoner from bringing a civil action in federal court in forma pauperis 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. Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 1 of 11
2 28 U.S.C. § 1915(g). This is known as the “three strikes provision.” Under § 1915(g), a prisoner incurs a “strike” any time the prisoner has a federal lawsuit or appeal dismissed on the grounds that it is (1) frivolous, (2) malicious, or (3) fails to state a claim. See Medberry v. Butler, 185 F.3d 1189, 1192 (11th Cir. 1999); see also Daker v. Comm’r, Ga. Dep’t of Corr., 820 F.3d 1278, 1283-84 (11th Cir. 2016) (confirming that “these three grounds are the only grounds that can render a dismissal a strike”). Once a prisoner incurs three strikes, the ability to proceed in forma pauperis in federal court is greatly limited: leave to proceed in forma pauperis may not be granted unless the prisoner is under imminent danger of serious physical injury. Medberry, 185 F.3d at 1192. The Eleventh Circuit upheld the constitutionality of § 1915(g) because it does not violate an inmate’s right to access the courts, the doctrine of separation of powers, an inmate’s right to due process of law, or an inmate’s right to equal protection. Rivera v. Allin, 144 F.3d 719, 723 (11th Cir. 1998) (internal citations omitted), abrogated on other grounds by Jones v. Bock, 549 U.S. 199 (2007). A review of court records on the Federal Judiciary’s Public Access to Court Electronic Records (“PACER”) database reveals that Plaintiff filed numerous federal lawsuits and at least three of his complaints have been dismissed as frivolous, malicious, or for failure to state a claim.1 See, e.g., Order Dismissing Compl., Brown 1 The Georgia Department of Corrections online offender query system shows that Plaintiff spells his first name both as “Jessie” and as “Jesse” and that he has other aliases as well. https://services.gdc.ga.gov/GDC/OffenderQuery/jsp/OffQryRedirector.jsp (searched “Brown, Jessie”) (last visited Nov. 10, 2025) (showing known aliases include “Brown, Jesse Lee,” Brown, Jessie Lee,” Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 2 of 11
3 v. Abbot, ECF No. 22 in Case No. 4:03-cv-108-BAE (S.D. Ga. June 1, 2004) (dismissing pursuant to 28 U.S.C. § 1915A(b)(1)); Order Dismissing Compl., Brown v. McLane, ECF No. 4 in Case No. 7:03-cv-101-HL-RLH (M.D. Ga. Jan. 13, 2004) (dismissing as frivolous); Order on Mot. Recons., Brown v. Nix, ECF No. 12 in Case No. 7:03-cv-98- HL-RLH (M.D. Ga. Jan. 6, 2004) (dismissing as frivolous and pursuant to 28 U.S.C. § 1915(g)); Order Dismissing Compl., Brown v. Nance, ECF No. 6 in Case No. 4:01- cv-127-HL (M.D. Ga. Oct. 19, 2001) (adopting recommendation to dismiss for failure to state claim); R. & R. & Order Dismissing Compl., Brown v. Mitchell, ECF Nos. 18, 24 in Case No. 4:24-cv-144 (M.D. Ga. Mar. 17, 2025) (dismissing as malicious for abuse of the judicial process for failure to truthfully disclose litigation history and pursuant to 28 U.S.C. § 1915(g)). Additionally, Plaintiff has been identified as having three strikes in multiple other federal lawsuits where he was denied leave to proceed in forma pauperis under § 1915(g) and the cases were dismissed. See, e.g., Brown v. Ezell, Case No. 4:06-cv-121-CDL (M.D. Ga. Oct. 23, 2006); Brown v. Stracker, Case No. 4:12-cv-260 (M.D. Ga. Oct. 3, 2012); Brown v. Owens, Case No. 1:14-cv-177 (S.D. Ga. Nov. 10, 2014); Brown v. Owens, Case No. 7:14-cv-170 (M.D. Ga. Dec. 5, 2014); Brown v. Lynch, Case No. 4:20-cv-53 (M.D. Ga. Sep. 30, 2020); Brown v. Thomas, Case No. 4:20-cv-98 (M.D. Ga. Jan. 14, 2021); Brown v. Kemp, Case No. and “Brown, Jessie A.”). The Court has confirmed that Plaintiff has filed more than two dozen other cases under the first names “Jesse” and “Jessie” by cross-referencing PACER records with Plaintiff’s Georgia Department of Corrections identification numbers, Georgia Department of Corrections case numbers, and Muscogee County Sheriff’s Office online jail records. See id.; https://portal- gamuscogee.tylertech.cloud/app/JailSearch/#/search (searched “Jessie Brown”) (last visited Nov. 10, 2025). Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 3 of 11
4 4:25-cv-00037 (M.D. Ga. Mar. 25, 2025). Plaintiff is thus barred from prosecuting this action in forma pauperis unless he is in “imminent danger of serious physical injury.” 28 U.S.C. § 1915(g). To qualify for this exception, a prisoner must allege specific facts that describe an “ongoing serious physical injury,” or “a pattern of misconduct evidencing the likelihood of imminent serious physical injury.” Sutton v. Dist. Att’y’s Office, 334 F. App’x 278, 279 (11th Cir. 2009) (internal quotation marks omitted). Complaints of past injuries are not sufficient. See Medberry, 185 F.3d at 1193. Vague and unsupported claims of possible dangers likewise do not suffice. See White v. State of Colo., 157 F.3d 1226, 1231 (10th Cir. 1998). The exception to § 1915(g) is to be applied only in “genuine emergencies,” when (1) “time is pressing,” (2) the “threat or prison condition is real and proximate,” and (3) the “potential consequence is serious physical injury.” Lewis v. Sullivan, 279 F.3d 526, 531 (7th Cir. 2002). Plaintiff states that an inmate at the Muscogee County Jail tested positive for Covid 19 on August 28, 2025. ECF No. 1 at 2. Plaintiff further states that his dorm was placed on quarantine while “no one else was tested [and] face mask was passed out to all of the other inmates.” Id. Plaintiff complains that this put him in immediate danger because he is 62 years old and has “other health problems.” Id. Plaintiff further complains that on August 29, 2025, he “came down with a bad head” and requested that Defendant Keroc contact medical personnel. Id. Plaintiff states that Defendant Keroc spoke with an unnamed nurse who stated that Plaintiff would be seen at pill call. Plaintiff complains that “around 8:30 the Nurse Ms. B. came to Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 4 of 11
5 the floors [Plaintiff] spoke with her but she did nothing.” Id. Plaintiff appears to seek $400,000 in damages. Id. at 3. Plaintiff’s vague allegations in no way suggest that he is in imminent danger of serious physical injury. See Daker, 999 F.3d at 1311 (noting that “[g]eneral assertions” are insufficient to establish entitlement to imminent danger exception); O'Connor v. Suwannee Corr. Inst., 649 F. App’x 802, 805 (11th Cir. 2016) (observing imminent danger cannot be based on claims which are “speculative and not factually supported”). Indeed, allegations regarding potential risks of exposure to COVID-19 while incarcerated have repeatedly been recognized as insufficient to support the application of the imminent-danger exception. See, e.g., Garrett v. Murphy, 17 F.4th 419, 433 (3d Cir. 2021) (finding Plaintiff did not qualify for imminent danger exception to §1915(g) where Plaintiff alleged that he faced “a serious risk of death or injury if he gets sick with COVID-19 given his poor health.”); Ortiz v. Collier, 855 F. App’x 966 (5th Cir. 2021) (holding that speculative and conclusory allegations regarding potential exposure to Covid-19 “are insufficient to make the showing required to avoid application of the three strikes bar under § 1915(g).”); Crain v. Mancuso, No. 20-30777, 2021 WL 4841127, at *1 (5th Cir. Oct. 15, 2021) (declining to grant Plaintiff’s motion to proceed in forma pauperis on appeal and affirming district court dismissal of Plaintiff’s complaint under § 1915(g) where Plaintiff argued “he is under imminent danger because he is infected with tuberculosis, which could be reactivated by exposure to other diseases, including COVID-19.”); Frederick v. Wakulla Corr. Inst. Admin. & Staff, 4:20-CV-219-AW, 2020 WL 3066652, at *3 (N.D. Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 5 of 11
6 Fla. May 13, 2020) (citing cases). Thus, it is RECOMMENDED that Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) be DENIED and that this civil action be DISMISSED without prejudice pursuant to § 1915(g). See Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (per curiam) (“[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).”). II. Dismissal pursuant to 28 U.S.C. § 1915A A. Standard of Review The Prison Litigation Reform Act directs courts to conduct a preliminary screening of every complaint filed by a prisoner who seeks redress from a government entity, official, or employee. 28 U.S.C. § 1915A(a). “Pro se filings are generally held to a less stringent standard than those drafted by attorneys and are liberally construed.” Carmichael v. United States, 966 F.3d 1250, 1258 (11th Cir. 2020) (citation omitted). Still, the Court must dismiss a prisoner complaint if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). A claim is frivolous if it “lacks an arguable basis either in law or in fact.” Miller v. Donald, 541 F.3d 1091, 1100 (11th Cir. 2008) (citations omitted). On preliminary review, the Court may dismiss claims that are based on “indisputably meritless legal” theories and “claims whose factual contentions are clearly baseless.” Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 6 of 11
7 Id. (citations omitted). A claim can be dismissed as malicious if it is knowingly duplicative or otherwise amounts to an abuse of the judicial process. Daker v. Ward, 999 F.3d 1300, 1308, 1310 (11th Cir. 2021) (affirming dismissal of duplicative complaint “in light of [prisoner’s] history as a prolific serial filer”). A complaint fails to state a claim if it does not include “sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). “Factual allegations [in a complaint] must be enough to raise a right to relief above the speculative level[.]” Twombly, 550 U.S. at 555 (citations omitted). In other words, the complaint must allege enough facts “to raise a reasonable expectation that discovery will reveal evidence” supporting a claim. Id. at 556. “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678 (citing Twombly, 550 U.S. at 555). To state a claim for relief under § 1983, a plaintiff must allege that (1) an act or omission deprived him of a right, privilege, or immunity secured by the Constitution or a statute of the United States; and (2) the act or omission was committed by a person acting under color of state law. Hale v. Tallapoosa Cnty., 50 F.3d 1579, 1582 (11th Cir. 1995). If a litigant cannot satisfy these requirements or fails to provide factual allegations in support of his claim or claims, the complaint is subject to dismissal. See, e.g., Bingham v. Thomas, 654 F.3d 1171, 1176-77 (11th Cir. 2011) (affirming dismissal of certain claims at preliminary screening because Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 7 of 11
8 prisoner failed to allege sufficient facts to show a violation of his rights), abrogated on other grounds by Wade v. McDade, 106 F.4th 1251, 1255 (11th Cir. 2024) (en banc). B. Plaintiff’s claims and analysis Plaintiff appears to be claiming that the Defendants have been deliberately indifferent to the risk that potentially contracting Covid-19 poses to his safety. See ECF No. 1. Plaintiff does not specify in his complaint whether he is a pretrial detainee or a convicted prisoner but nonetheless whether his claim arises under the Fourteenth Amendment as applied to detainees or the Eighth Amendment as applied to convicted prisoners, the standard is the same for deliberate indifference to safety claims. Swain v. Junior, 961 F.3d 1276, 1285 (11th Cir. 2020) (quoting Dang ex rel. Dang v. Sheriff, Seminole Cnty. Fla., 871 F.3d 1272, 1279 (11th Cir. 2017) (“Although the plaintiffs’ claim technically arises under the Fourteenth Amendment because they are pretrial detainees rather than convicted prisoners, it is ‘evaluated under the same standard as a prisoner’s claim of inadequate care under the Eighth Amendment.’”). “To establish a deliberate-indifference claim, a plaintiff must make both an objective and a subjective showing.” Swain, 961 F.3d at 1285 (citing Farmer v. Brennan, 511 U.S. 825, 834 (1994)). The objective showing requires an inmate to show “a substantial risk of serious harm.” Id. (internal quotation marks omitted). The subjective showing requires an inmate to demonstrate a correction official’s deliberate indifference to that risk “by making three sub-showings: (1) subjective knowledge of a risk of serious harm; (2) disregard of that risk; (3) by conduct that is more than mere negligence.” Id. (internal quotation marks omitted). This Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 8 of 11
9 “deliberate-indifference standard sets an appropriately high bar . . . . Ordinary malpractice or simple negligence won't do[.]” Id. Rather, “the plaintiff must show subjective recklessness as used in the criminal law.” Id. at 1285-86 (internal quotation marks omitted). Here, Plaintiff alleges that another inmate tested positive for Covid-19 on August 28, 2025 and that his dorm was provided masks and placed in quarantine. ECF No. 1 at 2. Plaintiff contends that the next day he asked Defendant Keroc to be seen by medical due to “a bad head” and Plaintiff was seen by “Nurse Ms. B” at 8:30 pm. Id. at 4. Plaintiff then wrote up this complaint on the day after his fellow inmate’s Covid test and on the day he was seen by a nurse. See id. at 3, 4, 5, 6 (showing Plaintiff’s signature as dated “29th day of Aug, 2025” four different times). As to the objective element of Plaintiff’s claim, the Eleventh Circuit has suggested that the risk of Covid-19 poses a substantial risk of serious harm and thus Plaintiff has potentially established the objective element. See Swain, 961 F.3d at 1285 (noting that “the defendants seem to agree—wisely, we think—that the risk of COVID-19 satisfies [the substantial risk of serious harm] requirement”). However, Plaintiff fails to satisfy the subjective component of a claim for in the twenty-four to forty-eight hours that Plaintiff allowed Defendants to respond to his exposure to Covid-19 before filing this lawsuit,2 Plaintiff does not show any Defendant acted with 2 The Prison Litigation Reform Act states, “[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a). Here, Plaintiff states he did not file a grievance on August 29, Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 9 of 11
10 subjective recklessness or in any way disregarded the risk of Covid-19 exposure. On the contrary, Plaintiff alleges that he was seen by a nurse and that the other detainees were quarantined and provided masks. Therefore, Plaintiff fails to state a claim for deliberate indifference to his medical needs. See, e.g., id. at 1288-89 (quoting Farmer, 511 U.S. at 839-40). Accordingly, it is RECOMMENDED that Plaintiff’s complaint also be DISMISSED without prejudice pursuant to §1915A for failure to state a claim. III. Conclusion For the foregoing reasons, it is RECOMMENDED that Plaintiff’s motion for leave to proceed in forma pauperis (ECF No. 2) be DENIED and that this action be DISMISSED without prejudice pursuant to 28 U.S.C. § 1915(g). It is further RECOMMENDED that Plaintiff’s complaint be DISMISSED without prejudice a under § 1915A for failure to state a claim for which relief may be granted. OBJECTIONS Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to these recommendations with the Clay D. Land, United States District Judge, WITHIN FOURTEEN (14) DAYS after being served with a copy of this Recommendation. Any objection is limited in length to TWENTY (20) PAGES. 2025 “because the inmate kiosk was down and space needed to be freed in order to file a time grievance.” ECF No. 1 at 5. This Court is unconvinced that Plaintiff made a good faith effort to exhaust his administrative remedies prior to filing this lawsuit. Plaintiff is thus advised that he should do more to address his administrative remedies than he did in this case before filing any future federal lawsuits. Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 10 of 11
11 See M.D. Ga. L.R. 7.4. The parties may seek an extension of time in which to file written objections, provided a request for an extension is filed prior to the deadline for filing written objections. Failure to object in accordance with the provisions of § 636(b)(1) waives the right to challenge on appeal the district judge’s order based on factual and legal conclusions to which no objection was timely made. See 11th Cir. R. 3-1. SO RECOMMENDED, this 17th day of November, 2025. s/ Amelia G. Helmick UNITED STATES MAGISTRATE JUDGE Case 4:25-cv-00276-CDL-AGH Document 4 Filed 11/17/25 Page 11 of 11
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