Maurice L. Miles, Jr. v. (FNU) Hall, et al.

Summary

The United States District Court for the District of Kansas denied Maurice L. Miles, Jr.’s motion to proceed in forma pauperis in his 42 U.S.C. § 1983 action alleging that correctional officers failed to protect him from inmate assaults. The court held that Miles had three qualifying strikes under 28 U.S.C. § 1915(g) and had not shown imminent danger of serious physical injury, giving him until February 13, 2026, to pay the $405 filing fee.

Holdings

1. A prisoner with at least three qualifying strikes may proceed in forma pauperis only upon specific, credible allegations of imminent danger of serious physical injury; allegations concerning assaults that occurred in the past, without a showing of an ongoing or imminent threat, do not satisfy the exception.
2. After denial of in forma pauperis status, Plaintiff was required to pay the full $405 district court filing fee by February 13, 2026; failure to do so would result in dismissal without prejudice and without further prior notice.

Questions Presented

1. Whether Plaintiff, having accumulated at least three qualifying strikes under 28 U.S.C. § 1915(g), alleged a specific and credible threat of imminent danger of serious physical injury sufficient to proceed in forma pauperis.
2. Whether Plaintiff should be permitted to proceed by paying the full district court filing fee by a specified deadline after denial of in forma pauperis status.

Disposition

other