Ray v. Cates

Summary

The document contains findings and recommendations in a prisoner civil-rights action under 42 U.S.C. § 1983. The magistrate judge recommends denying Edward Vincent Ray, Jr.’s motion to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g), finding that he had previously accumulated at least three qualifying strikes and had not shown imminent danger of serious physical injury. The recommendation would require payment of the $402 filing fee in full.

Holdings

1. Plaintiff had at least three prior qualifying strikes and was therefore barred from proceeding in forma pauperis under 28 U.S.C. § 1915(g), absent a showing of imminent danger of serious physical injury.
2. Plaintiff failed to plausibly allege that he faced imminent danger of serious physical injury at the time he filed the action.
3. Plaintiff did not establish the required nexus between the alleged imminent danger and the claims asserted.

Questions Presented

1. Whether Plaintiff had accumulated at least three qualifying strikes under 28 U.S.C. § 1915(g).
2. Whether Plaintiff plausibly alleged that he was under imminent danger of serious physical injury when he filed the action.
3. Whether Plaintiff's imminent-danger allegations had a sufficient nexus to the claims asserted in the complaint.
4. Whether Plaintiff's motion to proceed in forma pauperis should be denied and the full filing fee required.

Disposition

other