Summary
This federal district court order grants the defendant's motion to strike the plaintiff's civil rights complaint under the "three-strikes" provision of 28 U.S.C. § 1915(g). The court determines that the plaintiff has accumulated three or more prior dismissals qualifying as strikes and fails to demonstrate an imminent danger of serious physical injury. Accordingly, the court vacates the plaintiff's in forma pauperis status, dismisses the second amended complaint without prejudice, and orders the case closed.
Topics
Practice areas
Questions Presented
- Whether the plaintiff is barred from proceeding in forma pauperis under 28 U.S.C. §1915(g) because of three prior dismissals and lack of imminent danger.
- Whether the plaintiff's civil rights complaint should be struck and dismissed.
Holdings
- The plaintiff is not entitled to proceed in forma pauperis because he has three prior dismissals that qualify as strikes and he is not under imminent danger of serious physical injury.
- The motion to strike the complaint is granted; the earlier in forma pauperis order is vacated and the complaint is dismissed without prejudice.
Key quotations
“To satisfy this exception, the prisoner must show he is in imminent danger at the time that he seeks to file his suit in district court.”
“The purpose of the PLRA is to curtail abusive prisoner litigation.”
Factual background
Prisoner Herman Lee Smith, Sr. alleges Officer Wilson intentionally injured his hand in August 2024. Smith has three prior prisoner civil actions dismissed under the three‑strikes provision and is not under imminent danger of serious physical injury.
Procedural history
Plaintiff filed a civil rights complaint and was initially allowed to proceed in forma pauperis. Defendant moved to strike the action under the three‑strikes provision; the court vacated the prior in forma pauperis order and dismissed the complaint without prejudice.
Remand instructions
Plaintiff may initiate a new civil rights action by filing a complaint and paying the $405.00 filing fee.