Summary
This is a dismissal order from the U.S. District Court for the Middle District of Georgia denying a pro se prisoner's motion to proceed in forma pauperis under the Prison Litigation Reform Act's "three strikes" provision. The court determined that the plaintiff had accumulated multiple prior strikes for frivolous or meritless lawsuits and failed to allege the specific facts necessary to qualify for the imminent danger exception. Accordingly, the court denied the motion to proceed in forma pauperis and dismissed the action without prejudice, noting that the plaintiff must prepay the full filing fee to refile.
Topics
Practice areas
Questions Presented
- Whether Whitaker qualifies for the imminent‑danger exception to 28 U.S.C. §1915(g) to proceed in forma pauperis.
- Whether the court should dismiss the action without prejudice after denying in forma pauperis relief.
Holdings
- The court held that Whitaker did not allege a present and imminent danger of serious physical injury and therefore did not satisfy the exception; his motion to proceed in forma pauperis was denied.
- The court dismissed the action without prejudice, following Dupree v. Palmer, allowing the plaintiff to refile after paying the filing fee.
Key quotations
“Federal law bars a prisoner from bringing a civil action in federal court in forma pauperis if [he] has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” (at 1192)
“Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED and this action is DISMISSED WITHOUT PREJUDICE.” (at 1236)
Factual background
Inmate Ishmael Whitaker filed a civil rights suit alleging improper segregation, suicide watch, strip searches, self‑inflicted injury, and denial of medication while incarcerated in the Muscogee County Jail. He had previously filed more than fifteen federal lawsuits, at least five of which were dismissed for frivolous or meritless claims, triggering the three‑strike provision of 28 U.S.C. §1915(g).
Procedural history
Plaintiff filed a §1983 action as a pro se inmate and moved to proceed in forma pauperis. The district court denied the motion and dismissed the case without prejudice.
Remand instructions
Dismissed without prejudice; plaintiff may refile after paying the $405 filing fee.