United States District Court, M.D. Florida, Fort Myers Division
CALVIN EARL SUGGS, JR. and NOLAR ANN SUGGS, Plaintiffs,
GLADES COUNTY, GLOBAL TELEPHONE CO AND BILLING, DAVID HARDIN, JACK LUNDY, DANIEL BUSEY and SANDRA BROWN, Defendants.
OPINION AND ORDER 
POLSTER CHAPPELL UNITED STATES DISTRICT JUDGE
matter comes before the Court on Pro Se Plaintiff
Calvin Earl Suggs, Jr.'s Civil Rights Complaint (Doc.
1) filed on June 4, 2018. The case was transferred from
the Northern District of Florida to this District on June 12,
2018. Plaintiff did not file a motion to proceed in forma
pauperis when he filed this action.
Court has attempted, but cannot discern what, if any, claim
Plaintiff is attempting to articulate or what relief he
seeks. The Complaint, which is eight pages in length is not a
model of clarity, appears to allege claims on behalf of his
mother Nolar Ann Suggs. Plaintiff has been previously
cautioned, in at least three cases in the Middle District of
Florida, that he cannot pursue a claim on behalf of another
even if she has a valid claim. See Powers v Ohio,
499 U.S. 400, 410 (1991) (holding a litigant ordinarily
“must assert his or her own legal rights and interests,
and cannot rest a claim to relief on the legal rights or
interests of third parties).
alleges that officers from Moore Haven Correctional
Institution, the Glades County, Okeechobee, and Highlands
County Sheriff's Departments along with Global Telephone
Company and Billing are blocking Plaintiff's mother's
telephone, mail, and messages. Plaintiff continues that the
United States Postal Service in Okeechobee, Moore Haven, and
West Palm Beach have placed spyware on Nolar Sugg's
automobile, video cameras in her residence, and made attempts
on her life one of which placed her in a coma for eight days.
Plaintiff further alleges that members of Nolar Suggs family
are running a drug gang importing and distributing narcotics,
and committing murder. It also appears that Plaintiff is
attempting raise a habeas petition pursuant to 28 U.S.C.
§ 2254 alleging that he was falsely imprisoned and
wrongfully convicted because members of the jury at his trial
contained members of the drug gang.
Plaintiff is a three-strike litigant, the Court will dismiss
the Complaint to Plaintiff re-filing the complaint in a new
action accompanied by the requisite $400.00 filing fee. In
pertinent part, The Prison Litigation Reform Act (PLRA)
contains the following subsection:
In no event shall a prisoner bring a civil action or appeal a
judgment in a civil action or proceeding under this section
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 claims upon which relief may be granted, unless the
prisoner is under imminent danger of serious physical injury.
28 U.S.C. §1915(g). The Court takes judicial notice of
the following filings brought by Plaintiff in a federal court
that qualify as a dismissal under § 1915(g):
• Suggs v. Suggs, No. 6:18-cv-512-Orl-41DCI
(M.D. Fla. April 30, 2018) (finding the action lacks an
arguable basis in law and dismissing under 28 U.S.C. §
1915(e)(2)(B)(ii) for failure to state a claim).
• Suggs v. State of Florida, No.
6:18-cv-207-GKS-DCI (M.D. Fla. February 7, 2018) (dismissing
under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state
a claim upon which relief may be given).
• Suggs v. Family of Nolar Robison, No.
6:17-cv-707-Orl-41GJK (M.D. Fla. April 25, 2017) (dismissing
under 28 U.S.C. § 1915(e)(2)(B)(ii) because Plaintiff
had not suffered an actual injury in fact).
• Suggs v. Baldwin County Mental Health,
1:12-cv-456-WS-M (S.D. Ala. October 1, 2013) (dismissal
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to
state a claim).
Plaintiff is currently incarcerated, has three or more
qualifying dismissals, and is not under imminent danger of
serious physical injury, this action will be dismissed
without prejudice to Plaintiff filing a new civil rights
complaint form and paying the full $400.00 filing fee at the
time the complaint is filed.