Summary
The United States District Court for the District of Massachusetts denied David C. Lettieri’s motion to proceed in forma pauperis in a civil action concerning prison mail handling and allegations involving federal judicial and correctional staff. The court concluded that Lettieri had three or more qualifying prior dismissals under 28 U.S.C. § 1915(g) and had not shown that he was under imminent danger of serious physical injury. The court directed him to pay the filing fee within 28 days or face dismissal without prejudice.
Court
United States District Court for the District of Massachusetts
Jurisdiction
United States District Court for the District of Massachusetts
Decision date
January 15, 2026
Docket number
25-13086-BEM
Disposition
other
Questions Presented
- Whether Lettieri was barred by the Prison Litigation Reform Act's three-strikes provision from proceeding in forma pauperis.
- Whether Lettieri's allegations established that he was under imminent danger of serious physical injury so as to invoke the statutory exception to the three-strikes bar.
- Whether the failure to provide the six-month prison-account statement independently supported denial of in forma pauperis status.
Holdings
- Lettieri was a three-strikes litigant because he had previously filed at least three prisoner actions that were dismissed for failure to state a claim.
- Lettieri's speculative allegations about a possible transfer to a more dangerous prison did not establish that he was under imminent danger of serious physical injury.
- The motion for leave to proceed in forma pauperis was denied with prejudice.
Court Document
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