Summary
This federal district court order addresses a defendant's motion to revoke the pro se plaintiff's in forma pauperis (IFP) status under the Prison Litigation Reform Act's "three-strikes" rule. The court finds that the plaintiff has previously had at least three cases dismissed for failing to state a plausible constitutional claim, thereby disqualifying him from proceeding without prepaying fees unless he alleges imminent danger of serious physical injury. Consequently, the court grants the motion to vacate the prior IFP order, revokes the plaintiff's IFP status, and directs him to pay the full filing and administrative fee within thirty days or face dismissal.
Topics
Practice areas
Questions Presented
- Whether the three prior dismissals constitute strikes that justify revoking Boyd's in forma pauperis status under 28 U.S.C. §1915(g).
Holdings
- The court granted the defendants' motion to vacate the plaintiff's IFP status, revoking the status and ordering the plaintiff to pay the filing fee.
Key quotations
“Defendants’ motion to vacate (Doc. 18) is GRANTED. Mr. Boyd’s IFP status is hereby revoked.”
“If Mr. Boyd wishes to proceed with this action, he must pay the $405 filing and administrative fee within 30 days.”
Factual background
Plaintiff Michael L. Boyd, an Arkansas Division of Correction inmate, sued Captain Tiffany Williams and others under 42 U.S.C. §1983, claiming retaliation for exercising First Amendment rights. Prior to this suit, Boyd had three cases dismissed for failure to state a plausible constitutional claim, which the court treated as strikes under 28 U.S.C. §1915(g). Defendants moved to vacate Boyd's IFP status.
Procedural history
Pro se inmate Michael L. Boyd filed a §1983 action alleging First Amendment retaliation. The court previously granted him IFP status. Defendants later moved to vacate that status based on three prior dismissals that count as strikes under 28 U.S.C. §1915(g). The court granted the motion.