Troy Jaynes v. Robert Sweeney, et al.

Summary

The United States District Court for the District of Connecticut denied Troy Jaynes's motion to proceed in forma pauperis under the Prison Litigation Reform Act's three-strikes rule. The court also denied his motion for appointment of counsel without prejudice as premature and held further proceedings in abeyance pending payment of the filing fee.

Holdings

1. The three-strikes rule of 28 U.S.C. § 1915(g) applied because Plaintiff had at least three prior actions dismissed on qualifying grounds.
2. The imminent-danger exception did not apply because the complaint alleged no facts showing that Plaintiff faced imminent danger of serious physical harm when he filed the action.
3. The motion to appoint counsel was denied without prejudice as premature because Plaintiff's motion to proceed in forma pauperis was denied.

Questions Presented

1. Whether 28 U.S.C. § 1915(g)'s three-strikes bar applied based on Plaintiff's prior dismissals.
2. Whether Plaintiff alleged imminent danger of serious physical injury sufficient to invoke the exception to the three-strikes bar.
3. Whether Plaintiff's motion to appoint counsel should be granted after denial of in forma pauperis status.

Disposition

other