Frederick Banks v. Jordan Cisco, et al.

Summary

The United States District Court for the District of New Jersey denied Frederick Banks’s motion for reconsideration of the denial of his application to proceed in forma pauperis. The court held that Banks was subject to the Prison Litigation Reform Act’s three-strikes provision because he was incarcerated when he filed the complaint and had at least three qualifying prior dismissals. The court concluded that Banks’s arguments concerning his incarceration history, American Indian status, and the prior dismissals did not warrant reconsideration.

Holdings

1. Reconsideration was not warranted because plaintiff did not identify an intervening change in controlling law, newly available evidence, a clear error of law or fact, manifest injustice, or an overlooked issue that could alter the disposition.
2. The PLRA applies to plaintiff because he was incarcerated in federal prison and serving a sentence when he filed his complaint and in forma pauperis application; continuous incarceration and plaintiff's asserted American Indian status do not alter that result.
3. Plaintiff had at least three qualifying dismissals and therefore was subject to the PLRA's three-strikes provision.

Questions Presented

1. Whether plaintiff established grounds for reconsideration under Local Civil Rule 7.1(i).
2. Whether the PLRA applies to plaintiff despite his assertion that he is an American Indian and has not been continuously incarcerated.
3. Whether plaintiff had at least three qualifying dismissals for purposes of the PLRA three-strikes provision.

Disposition

other