Summary
The United States District Court for the District of Arizona issued an order to show cause concerning Nina Mae Becker’s application to proceed in forma pauperis under 28 U.S.C. § 1915(g). The Court identified three prior actions that appeared to qualify as strikes and found that Becker’s allegations concerning voting and candidacy did not establish imminent danger of serious physical injury. Becker was ordered either to show cause within 30 days or prepay the $405 filing and administrative fees, with failure to comply potentially resulting in dismissal without prejudice.
Court
United States District Court for the District of Arizona
Jurisdiction
United States District Court for the District of Arizona
Decision date
December 8, 2025
Docket number
No. CV-25-04270-PHX-JAT (ESW)
Disposition
other
Questions Presented
- Whether Plaintiff appeared to have three or more prior qualifying dismissals under 28 U.S.C. § 1915(g).
- Whether Plaintiff's allegations plausibly showed that she faced imminent danger of serious physical injury at the time of filing.
- Whether Plaintiff should be permitted an opportunity to show cause why § 1915(g) should not bar her in forma pauperis status.
Holdings
- When a prisoner appears to have three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim, the court may place the prisoner on notice of potential disqualification under 28 U.S.C. § 1915(g) and require the prisoner to show why in forma pauperis status should not be denied.
- A prisoner's allegations satisfy the imminent-danger exception only when they plausibly allege a real, proximate, specific, and credible threat of serious physical injury existing at the time of filing; Plaintiff's allegations concerning voting and eligibility to run for political office did not satisfy that standard.
- If Plaintiff fails either to timely show cause or to prepay the required $405 in filing and administrative fees, the action may be dismissed without prejudice under § 1915(g).
Court Document
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