United States District Court, S.D. Alabama, Southern Division
DRELIJAH J. MUHAMMAD, a/k/a MARCUS ORLANDO TATE, a/k/a MARCUS ORLANDO TAITE, a/k/a DR. ELIJAH JOSHUA MUHAMMAD, II, # 180664,  Plaintiff,
RANCE REEHL COLDWELL BANK REAL ESTATE, et al., Defendants.
REPORT AND RECOMMENDATION
F. BIVINS UNITED STATES MAGISTRATE JUDGE
Drelijah J. Muhammad, who is proceeding pro se and
is seeking leave to proceed in forma pauperis, filed
the instant action against Rance Reehl Coldwell Bank Real
Estate and others. (Docs. 1, 2). The action has been referred
to the undersigned for appropriate action pursuant to United
States District Judge Moorer's Order dated January 10,
2019 (Doc. 6), 28 U.S.C. § 636(b)(1)(B), and S.D. Ala.
GenLR 72(a)(2)(R). Upon review of the complaint as amended
and Plaintiff's prior litigation history, it is
recommended that this action be dismissed without prejudice
pursuant to 28 U.S.C. § 1915(g), because Plaintiff is
barred from proceeding in forma pauperis and he did
not pay the filing fee at the time he filed this action.
28 U.S.C. § 1915(g) and Plaintiff's Litigation
In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under this section
[28 U.S.C. § 1915] 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.
purpose of this section is to curb abusive prisoner
litigation by requiring a prisoner who has had three actions
or appeals dismissed as meritless to pay the full filing fee
when his next action is filed. Dupree v. Palmer, 284
F.3d 1234, 1236 (11th Cir. 2002). “The only exception
to section 1915(g) is if the frequent filer prisoner is
‘under imminent danger of serious physical
injury.'” Rivera v. Allin, 144 F.3d 719,
723 (11th Cir. 1998), abrogated on other grounds by Jones
v. Bock, 549 U.S. 199, 215-16 (2007).
Plaintiff sought leave to proceed in forma pauperis,
the Court reviewed the records of the United States District
Courts for the Southern, Middle, and Northern Districts of
Alabama to determine whether he has three or more actions or
appeals that were dismissed on the grounds that they were
frivolous, malicious, or failed to state a claim upon which
relief may be granted. From those dockets, the Court
discovered that Plaintiff has had at least three actions
dismissed for one of the foregoing reasons, namely,
Marcus Orlando Taite v. Haley, et al., CA
02-0034-MHT-CSC (M.D. Ala. Apr. 18, 2002); Marcus O.
Tate, et al. v. Keahey, et al., CA 02-00734-BH-S (S.D.
Ala. Feb. 11, 2003); Marcus Tate v. Lawson, CA
06-01779-RBP (N.D. Ala. Nov. 17, 2006); and Tate v.
Nationalist Gov. Sovereign Inhabitants, CA 18-00077-KD-B
(S.D. Ala. June 19, 2018). In addition, Plaintiff has had
other actions dismissed pursuant to 28 U.S.C. § 1915(g),
for example, Tate v. Bass, et al., CA 07-00305-KD-C
(S.D. Ala. June 22, 2007); Tate v. Bass, CA
07-1093-MHT (M.D. Ala. Jan. 15, 2008); Tate v. Marshall,
et al., CA 09-0222-TMH-CSC (M.D. Ala. Apr. 23, 2009);
and Tate v. Hayward, et al., CA 10-1710 KDE-DEK
(E.D. La. June 15, 2010). Thus, the present action is due to
be dismissed unless Plaintiff can satisfy the exception to
Section 1915(g)'s Exception.
exception to § 1915(g) requires that Plaintiff show that
at the time of the complaint's filing, he was
“under imminent danger of serious physical
injury.” See Medberry v. Butler, 185 F.3d
1189, 1193 (11th Cir. 1999) (finding that the imminent danger
of serious physical injury must be faced at the time the
complaint is filed, not at a prior time); Adbul-Akbar v.
McKelvie, 239 F.3d 307, 315 (3d Cir. 2001) (“By
using the term ‘imminent,' Congress indicated that
it wanted to include a safety valve for the ‘three
strikes' rule to prevent impending harms, not those harms
that had already occurred.”), cert. denied,
533 U.S. 953 (2001).
§ 1915(g)'s exception, the “complaint, as a
whole, [must] allege imminent danger of serious physical
injury.” Brown v. Johnson, 387 F.3d 1344, 1350
(11th Cir. 2004). To make this showing, a plaintiff
“must allege and provide specific fact allegations of
ongoing serious physical injury, or a pattern of misconduct
evidencing the likelihood of imminent serious physical injury
. . . .” Ball v. Allen, 2007 U.S. Dist. LEXIS
9706, at *4, 2007 WL 484547, at *1 (S.D. Ala. Feb. 8, 2007).
Plaintiff has not done this.
Plaintiff's § 1983 complaint, as amended (Docs. 1,
2, 5), he directs his disjointed allegations against two
businesses, Rance Reehl Coldwell Bank Real Estate and the
Insurance Corporation of Rance Reehl. He asserts that
specific tracts of land in Daphne and Fairhope, Alabama, are
his “homes, properties, [and] mineral rights”
because they are “birthrights inhe[rit]ance heir
property” according to the Covington County Probate
Court records. (Doc. 2 at 3-4). Defendant Rance Reehl
Coldwell Bank Real Estate is identified as “the agent
that [sold] trust property from 28, 000 B.C., 1400 A.D. and
1408 A.D.” and is alleged to be responsible for the
violations of Plaintiff's constitutional rights. (Doc. 5
at 2). However, the complaint and amendments are wholly
devoid of allegations of a physical injury connected to
Plaintiff; therefore, they fail to meet § 1915(g)'s
“imminent danger of serious physical injury”
Plaintiff cannot avail himself of § 1915(g)'s
exception and did not pay the $400.00 filing/administrative
feeat the time he filed this action,
Plaintiff's action is due to be dismissed without
prejudice, and it is so recommended. Dupree, 284
F.3d at 1236 (holding that an action must be dismissed
without prejudice when an inmate who is subject to 28 U.S.C.
§ 1915(g) does not pay the full filing fee at the time
he initiates the action); Vanderberg v.
Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (same),
cert. denied, 535 U.S. 976 (2002).
OF RIGHT ...