Nicholas Addison v. Norton Albert, et al.

Summary

The United States Magistrate Judge recommends dismissal without prejudice of Nicholas Addison’s 42 U.S.C. § 1983 action against Norton Albert and others. The recommendation concludes that Addison, a three-strikes litigant under 28 U.S.C. § 1915(g), failed to establish imminent danger, pay the filing fee after being ordered to do so, or prosecute the case.

Holdings

1. A prisoner subject to 28 U.S.C. § 1915(g) may proceed without prepaying the filing fee only if the complaint alleges that the prisoner is in imminent danger of serious physical injury; Addison's allegations did not satisfy that requirement.
2. The action should be dismissed without prejudice because Addison failed to comply with the order requiring payment of the filing fee and failed to prosecute the case.

Questions Presented

1. Whether a prisoner subject to 28 U.S.C. § 1915(g)'s three-strikes provision could proceed without prepaying the filing fee absent allegations showing imminent danger of serious physical injury.
2. Whether the action should be dismissed without prejudice for failure to comply with the order requiring payment of the filing fee and for failure to prosecute.

Disposition

other