Summary
The D.C. Circuit held that Alvin Darrell Smith was barred by the Prison Litigation Reform Act's three-strikes provision from proceeding in forma pauperis because three prior dismissals for failure to state a claim counted as strikes. The court further held that denial of in forma pauperis status did not itself make Smith liable for appellate fees, but that he had to pay the required fees within fourteen days to proceed with the appeal.
Topics
Practice areas
Questions Presented
- Whether Smith had at least three qualifying prior dismissals under 28 U.S.C. § 1915(g), such that he could not proceed in forma pauperis absent imminent danger of serious physical injury.
- Whether untimely notices of appeal filed from the prior dismissals prevented those dismissals from counting as strikes.
- Whether denial of in forma pauperis status required Smith to pay the full appellate filing and docketing fees even if he did not pursue the appeal.
Holdings
- Three prior district-court dismissals for failure to state a claim count as strikes once the time for appealing them has expired, even if the prisoner later files untimely notices of appeal from those dismissals.
- A prisoner whose application to proceed in forma pauperis is denied is not required to pay the full appellate filing and docketing fees unless he elects to proceed with the appeal; to proceed, he must pay the required fees within the period set by the court.
Key quotations
“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 claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” (¶ 6)
“For the present purpose, we will deem a prisoner to have "file[d] an appeal in forma pauperis" as soon as he has both filed a notice of appeal and been granted in forma pauperis status, but not before.” (¶ 12)
Factual background
Smith, a prisoner in the D.C. Department of Corrections, alleged that prison officials violated his civil rights by preventing him from taking religious and educational materials when he was transferred from Lorton Correctional Complex to a facility in Ohio. He filed the complaint with an in forma pauperis application and a prison trust-account report. The district court identified three earlier civil actions by Smith that had been dismissed for failure to state a claim, with the relevant appeal periods having expired before Smith filed the present notice of appeal.
Procedural history
Smith filed a civil-rights complaint under 42 U.S.C. § 1983 against the District of Columbia, the D.C. Department of Corrections, and correctional officers, together with an application to proceed in forma pauperis. The district court initially allowed provisional filing but later denied in forma pauperis status after determining that Smith had at least three prior actions dismissed for failure to state a claim, and dismissed the complaint without prejudice to filing a paid complaint. On appeal, the D.C. Circuit denied in forma pauperis status and held that Smith would not be liable for fees unless he chose to proceed with the appeal.
Remand instructions
No remand. Smith's application to proceed in forma pauperis was denied. His appeal could proceed only if he paid the filing fee within fourteen days of receiving the opinion and order; otherwise, the appeal would be dismissed.