Jesse Joseph Aich v. State of Kansas

Summary

The United States District Court for the District of Kansas denied Jesse Joseph Aich’s second motion to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). The court maintained the deadline to pay the $405 filing fee and warned that failure to do so by April 30, 2026, would result in dismissal without prejudice.

Holdings

1. Plaintiff's second motion for leave to proceed in forma pauperis was denied because he was subject to 28 U.S.C. § 1915(g), had not shown imminent danger of serious physical injury, and the court had previously found that his claims appeared frivolous.
2. Plaintiff's constitutional objections to the filing-fee requirement did not justify in forma pauperis status because the Tenth Circuit has upheld § 1915(g) against due-process, equal-protection, and access-to-the-courts challenges.

Questions Presented

1. Whether Plaintiff could proceed in forma pauperis despite being subject to the three-strikes provision of 28 U.S.C. § 1915(g).
2. Whether Plaintiff's challenge to the filing-fee requirement, including his due-process, equal-protection, and access-to-courts objections, justified granting his second in forma pauperis motion.

Disposition

other