Summary
This United States District Court order denies an inmate plaintiff's motions for reconsideration of a prior dismissal without prejudice and for an extension of time to respond to a show cause order. The court finds that the plaintiff affirmatively misrepresented his litigation history on his amended complaint and fails to demonstrate excusable neglect or imminent danger of serious physical injury. Consequently, the court reiterates its intent to dismiss the action without prejudice and notes that the plaintiff is subject to the three-strikes rule under 28 U.S.C. § 1915(g), requiring full payment of filing fees for future actions.
Topics
Practice areas
Questions Presented
- Whether the court should grant reconsideration of the dismissal under Fed. R. Civ. P. 60(b) given the plaintiff's alleged memory loss and alleged misrepresentations.
- Whether the plaintiff may proceed in forma pauperis under 28 U.S.C. §1915(g) after three prior dismissals.
Holdings
- The court denied the motion for reconsideration, finding the plaintiff's alleged memory loss unpersuasive and concluding that the plaintiff had misrepresented his litigation history.
- The plaintiff is not permitted to proceed in forma pauperis and must pay the full filing fee.
Key quotations
“The court concludes that Plaintiff affirmatively misrepresented his litigation history because he knew or should have known that disclosure of the identified prior cases was required.”
Factual background
Steven Sean Jackson, an inmate, filed a civil rights complaint alleging denial of medication and other conditions of confinement. He failed to respond to a show‑cause order and the case was dismissed without prejudice. He later claimed memory loss prevented full disclosure of prior filings and sought reconsideration and an extension of time.
Procedural history
Plaintiff filed a pro se civil rights action that was dismissed without prejudice after failing to respond to a show‑cause order. Plaintiff subsequently filed motions for reconsideration and for an extension of time, which the court denied.