Summary
The Fifth Circuit denied John Cloud’s motion to proceed in forma pauperis on appeal and dismissed the appeal as frivolous. The court held that Cloud had accumulated at least three qualifying strikes under 28 U.S.C. § 1915(g) and had not shown that he was in imminent danger of serious physical injury. The court also cautioned Cloud that future frivolous filings could result in sanctions.
Topics
Practice areas
Questions Presented
- Whether Cloud's challenge to the district court's good-faith certification presented a nonfrivolous issue.
- Whether Cloud qualified for the imminent-danger exception to the three-strikes provision of 28 U.S.C. § 1915(g).
- Whether § 1915(g) is unconstitutional because it allegedly chills prisoners' access to the courts.
Holdings
- An appeal is taken in good faith only if it involves legal points arguable on their merits; because Cloud presented no nonfrivolous issue concerning the district court's certification, his motion to proceed in forma pauperis was denied and the appeal was dismissed as frivolous.
- A prisoner with at least three prior civil-rights complaints or appeals dismissed as frivolous or for failure to state a claim may not proceed in forma pauperis unless the complaint shows that the prisoner is in imminent danger of serious physical injury.
- Cloud's assertion that § 1915(g) is unconstitutional because it chills prisoners' access to the courts was without merit.
Key quotations
“This court’s inquiry into a litigant’s good faith “is limited to whether the appeal involves ‘legal points arguable on their merits (and therefore not frivolous).’”” (slip op. at 1)
“Cloud does not provide any details of the confrontation with or threats made by another inmate allegedly at the behest of one of the defendants.” (slip op. at 2)
“Because Cloud has failed to present a nonfrivolous issue regarding the district court’s certification, his motion for leave to proceed IFP on appeal is DENIED.” (slip op. at 2)
Factual background
Cloud, a Texas prisoner, filed a civil-rights complaint and alleged that he had been threatened by inmates at the direction of one of the defendants. His allegations did not identify the dates or provide details of the confrontation or threats. The district court determined that Cloud had at least three prior civil-rights complaints or appeals dismissed as frivolous or for failure to state a claim and that his allegations did not establish imminent danger of serious physical injury.
Procedural history
The United States District Court for the Eastern District of Texas dismissed Cloud's civil-rights complaint under § 1915(g), finding that he had at least three prior qualifying strikes and had not shown that he was in imminent danger of serious physical injury. The district court certified that an appeal would not be taken in good faith. The Fifth Circuit denied leave to proceed in forma pauperis and dismissed the appeal as frivolous.