Summary
Federal prisoner Timothy Young appealed the denial of his motion to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915(g), the "three strikes" rule, which bars IFP absent a showing of imminent danger of serious physical injury. The Fifth Circuit held that Young failed to demonstrate imminent danger at the time of his notice of appeal or IFP motion, as his claims regarding Hepatitis C treatment were not properly before the court and his request for medical records did not constitute imminent danger. The court denied IFP and dismissed the appeal as frivolous, finding no nonfrivolous issues. This case addresses the imminent danger exception to the PLRA's three-strikes bar and the standard for frivolous appeals in prisoner litigation.
Topics
Practice areas
Questions Presented
- Whether the district court erred in denying Young's motion to proceed in forma pauperis on appeal because he failed to show imminent danger of serious physical injury.
Holdings
- Young failed to demonstrate that he was under imminent danger of serious physical injury at the time he filed his notice of appeal or his IFP motion, so the district court properly denied IFP and the appeal is frivolous.
Key quotations
“Young has not shown that he was under imminent danger of serious physical injury at the time he filed his notice of appeal or this IFP motion.” (1)
“The appeal presents no nonfrivolous issues and is dismissed as frivolous.” (2)
Factual background
Timothy Young is a federal prisoner. He moved to proceed in forma pauperis on appeal after the district court denied his IFP motion under 28 U.S.C. § 1915(g) because he had three prior strikes and did not show imminent danger of serious physical injury. Young's claims involve denial of treatment for Hepatitis C, but he is housed in Colorado, and the current appeal concerns only the IFP motion.
Procedural history
Timothy Young, a federal prisoner, filed a civil complaint in the Northern District of Texas. The district court dismissed the complaint and denied Young's motion to proceed IFP on appeal, finding that he is barred under 28 U.S.C. § 1915(g) because he has three strikes and did not show imminent danger of serious physical injury. Young appealed the IFP denial.