Anderson v. King

Summary

The Fifth Circuit affirmed the dismissal as frivolous of Earl Lewis Anderson’s 42 U.S.C. § 1983 complaint against prison officials and denied his motion to proceed in forma pauperis on appeal. The court held that Anderson’s conclusory conspiracy allegations did not establish a nonfrivolous appellate claim. The dismissal counted as a strike under 28 U.S.C. § 1915(g), and the court imposed the resulting three-strikes bar on future in forma pauperis civil actions or appeals absent imminent danger of serious physical injury.

Holdings

1. Anderson's conclusory conspiracy allegations did not demonstrate that he would raise a nonfrivolous appellate claim.
2. Anderson's motion to proceed in forma pauperis on appeal was denied.
3. The appeal was dismissed as frivolous, and the dismissal counted as a strike under 28 U.S.C. § 1915(g). Because Anderson had accumulated at least three strikes, he was barred from proceeding in forma pauperis in future civil actions or appeals while incarcerated or detained, absent imminent danger of serious physical injury.

Questions Presented

1. Whether Anderson demonstrated that his appeal would raise a nonfrivolous appellate claim sufficient to overcome the district court's good-faith certification.
2. Whether Anderson should be permitted to proceed in forma pauperis on appeal.
3. Whether the dismissal of the appeal as frivolous constituted a strike under 28 U.S.C. § 1915(g) and triggered the three-strikes bar.

Disposition

dismissed