Darshawn L. Witherspoon v. Wyandotte County, et al.

Summary

The United States District Court for the District of Kansas denies Darshawn L. Witherspoon leave to proceed in forma pauperis under 28 U.S.C. § 1915(g), finding that he had accumulated at least three qualifying strikes and had not shown imminent danger of serious physical injury. The court grants him until May 1, 2026, to pay the $405 filing fee, warning that failure to do so will result in dismissal without prejudice.

Holdings

1. A prisoner who has accrued three or more qualifying strikes under 28 U.S.C. § 1915(g) may proceed in forma pauperis only upon a showing of imminent danger of serious physical injury, and Plaintiff's complaint did not make that showing.
2. After denial of in forma pauperis status, Plaintiff was required to pay the full $405 district-court filing fee by May 1, 2026, or the action would be dismissed without prejudice.

Questions Presented

1. Whether Plaintiff, having accrued at least three qualifying strikes under 28 U.S.C. § 1915(g), established that he was under imminent danger of serious physical injury so as to proceed in forma pauperis.
2. Whether Plaintiff should be given an opportunity to pay the statutory filing fee after being denied in forma pauperis status.

Disposition

other