David C. Lettieri v. Keefe Group, et al.

Summary

The United States District Court for the District of Massachusetts denied David Lettieri's motion to proceed in forma pauperis without prejudice under the Prison Litigation Reform Act's three-strikes provision. The court found that Lettieri had three or more qualifying prior dismissals and had not shown an imminent danger of serious physical injury related to the claims in this action, giving him 28 days to pay the filing fee or show good cause.

Holdings

1. Because Lettieri had incurred three or more qualifying dismissals while incarcerated, he could not proceed in forma pauperis unless he established that he was under imminent danger of serious physical injury.
2. Lettieri did not demonstrate that he was under imminent danger of serious physical injury with respect to the misconduct alleged in his complaint, so the exception to the three-strikes bar did not apply.

Questions Presented

1. Whether Lettieri was barred by the Prison Litigation Reform Act's three-strikes provision from proceeding in forma pauperis.
2. Whether the complaint showed that Lettieri was under imminent danger of serious physical injury sufficient to invoke the exception to the three-strikes bar.

Disposition

other