Nina Mae Becker v. State of Arizona, et al.

Summary

The United States District Court for the District of Arizona denied Nina Mae Becker’s applications to proceed in forma pauperis after determining that she had at least three qualifying strikes under 28 U.S.C. § 1915(g). The court found that her allegations concerning the inability to vote or run for political office while incarcerated did not establish imminent danger of serious physical injury. The complaint and action were dismissed without prejudice, and the court directed the Clerk to enter judgment and close the case.

Holdings

1. A notice of appeal from a nonfinal, nonappealable order to show cause does not transfer jurisdiction to the appellate court, so the district court retained jurisdiction to resolve the case.
2. Plaintiff was not entitled to proceed in forma pauperis because the prior actions or appeals identified by the court qualified as at least three strikes under 28 U.S.C. § 1915(g), and Plaintiff failed to rebut that conclusion.
3. Plaintiff's allegations concerning her inability to vote and run for political office while incarcerated did not establish imminent danger of serious physical injury under § 1915(g).

Questions Presented

1. Whether Plaintiff's notice of interlocutory appeal from the nonfinal order to show cause divested the district court of jurisdiction.
2. Whether Plaintiff qualified for in forma pauperis status despite at least three prior dismissals under 28 U.S.C. § 1915(g).
3. Whether Plaintiff satisfied the imminent-danger exception to § 1915(g) based on allegations concerning her inability to vote or run for political office while incarcerated.

Disposition

dismissed