FRANKLIN v. SECURUS TECHNOLOGIES LLC ( 2023 )

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JOSHUA D. FRANKLIN, Plaintiff, v. Case No.: 4:23cv245-MW/MJF SECURUS TECHNOLOGIES, LLC, et al., Defendants. _________________________/ ORDER ACCEPTING REPORT AND RECOMMENDATION This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 5, and has also reviewed de novo Plaintiff’s objections, ECF No. 6. Plaintiff reiterates that he is in imminent danger in this case based on “the COVID-19 bio-weapon.” ECF No. 6 at 1. But many courts have held that “general allegations regarding potential COVID-19 exposure are insufficient to establish imminent danger.” Hargrove v. Kemp, No. 1:21-CV-4487-ELR, 2022 WL 382014, *1 (N.D. Ga. Jan. 19, 2022) (citations omitted). So too here. Accordingly, IT IS ORDERED: The report and recommendation, ECF No. 5, is accepted and adopted, over the Plaintiff’s objections, as this Court’s opinion. The Clerk shall enter judgment stating, “Plaintiff’s action is DISMISSED under 28 U.S.C. § 1915(g), without prejudice to Petitioner’s initiating a new case accompanied by the $402.00 fee in its entirety.” The Clerk shall terminate ECF No. 2 as moot and close the file. SO ORDERED on June 30, 2023. s/Mark E. Walker ____ Chief United States District Judge