Frederick Banks v. Jordan Cisco, et al.

Summary

The United States District Court for the District of New Jersey denied Frederick Banks’s application to proceed in forma pauperis under the Prison Litigation Reform Act’s three-strikes provision. The court found that the complaint, alleging constitutional violations arising from a corrections officer’s conduct and alleged retaliation, did not show that Banks was under imminent danger of serious physical injury. The case was administratively terminated, with reopening conditioned on payment of the filing and administrative fees.

Holdings

1. A prisoner with at least three prior civil actions or appeals dismissed as frivolous, malicious, or for failure to state a claim may not proceed in forma pauperis unless the imminent-danger exception applies. Banks had at least three qualifying dismissals.
2. Banks did not qualify for the imminent-danger exception because his complaint concerned past conduct and contained no facts showing that he faced imminent danger of serious physical injury when the action was filed.
3. The application to proceed in forma pauperis was denied, and the Clerk was directed to administratively terminate the case without filing the complaint until Banks paid the $405 filing and administrative fees.

Questions Presented

1. Whether Banks was barred by the Prison Litigation Reform Act's three-strikes provision from proceeding in forma pauperis.
2. Whether Banks qualified for the imminent-danger exception to 28 U.S.C. § 1915(g).
3. Whether the case should be administratively terminated without filing the complaint until Banks paid the required filing and administrative fees.

Disposition

other