Israel Maldonado-Ramirez v. Francisco et al.

Summary

The United States District Court for the Eastern District of California recommends denying Israel Maldonado-Ramirez’s motion to proceed in forma pauperis under the Prison Litigation Reform Act’s three-strikes provision, 28 U.S.C. § 1915(g). The court identifies three qualifying prior strikes and concludes that the complaint does not plausibly allege imminent danger of serious physical injury. The document also orders random assignment of the case to a district judge and provides a fourteen-day objection period.

Holdings

1. Plaintiff had at least three qualifying strikes because the identified prior actions were dismissed before the present action on grounds qualifying under § 1915(g).
2. The complaint did not plausibly allege that Plaintiff faced imminent danger of serious physical injury when he filed the action, and it did not satisfy the required nexus between the alleged imminent danger and the claims asserted.
3. The magistrate judge recommended that Plaintiff's motion to proceed in forma pauperis be denied under § 1915(g) because Plaintiff had three qualifying strikes and did not meet the imminent-danger exception.

Questions Presented

1. Whether Plaintiff had accumulated at least three qualifying strikes under 28 U.S.C. § 1915(g).
2. Whether the complaint plausibly alleged that Plaintiff faced imminent danger of serious physical injury at the time of filing, including whether the required nexus existed between the alleged danger and the claims.
3. Whether Plaintiff's motion to proceed in forma pauperis should therefore be denied under § 1915(g).

Disposition

other