PONDER v. GEORGIA DEPARTMENT OF CORRECTIONS ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION JEREMIAH D PONDER, ) ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:22-CV-369 (MTT) ) GEORGIA DEPARTMENT OF ) CORRECTIONS, et al., ) ) ) Defendants. ) __________________ ) ORDER Plaintiff Jeremiah Ponder, an inmate confined in Hancock State Prison, filed a civil rights action under 42 U.S.C. § 1983 and moved to proceed in forma pauperis. Docs. 1; 2. On preliminary review, the United States Magistrate Judge Charles Weigle recommended dismissing Ponder’s complaint and denying his motion to proceed in forma pauperis under the three strikes rule. Doc. 5. In response, Ponder objected; thus, pursuant to 28 U.S.C. § 636(b)(1), the Court reviews the recommendation de novo. Doc. 7. Because Ponder had more than three federal cases dismissed for reasons constituting strikes, he was required to allege facts showing that he is in imminent danger of serious physical injury. Doc. 5 at 1-4. Ponder alleges, in a conclusory fashion, that he is in “imminent danger” and has “serious physical injury” because he has “a broke shoulder, a ripp [sic] shoulder, and stadd [sic] scars” because he was “stadd [sic] last year.” Doc. 7 at 1. Injuries resulting from a stabbing incident that occurred a year ago are insufficient to establish an ongoing, present threat of serious physical injury. Medberry v. Butler, 185 F.3d 1189, 1193 (11th Cir. 1999) (holding that complaints of past injuries are insufficient to satisfy 1915(g)). Because Ponder does not allege that he is in imminent danger of serious physical injury, his complaint is subject to dismissal. Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002). For the reasons stated above, and in the Recommendation, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation (Doc. 5) is ADOPTED and made the order of the Court. Accordingly, Ponder’s motion to proceed in forma pauperis (Doc. 2) is DENIED and his complaint (Doc. 1) is DISMISSED without prejudice. Further, Ponder’s motion to appoint counsel (Doc. 3) is DENIED as moot. SO ORDERED, this 13th day of December, 2022. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT