Allen Hammler v. J. Peluso, et al.

Summary

The United States District Court for the Eastern District of California orders incarcerated plaintiff Allen Hammler to pay the entire filing fee in his 42 U.S.C. § 1983 action. The court finds that Hammler had accrued three prior strikes under 28 U.S.C. § 1915(g) and had not alleged facts showing that he was under imminent danger of serious physical injury when he filed the complaint.

Holdings

1. A prisoner who has accrued three prior strikes is precluded from proceeding in forma pauperis unless the complaint alleges that the prisoner was under imminent danger of serious physical injury at the time of filing.
2. Because plaintiff did not satisfy the imminent-danger exception, he was required to pay the entire $405 filing fee within thirty days or face dismissal.

Questions Presented

1. Whether plaintiff, having accrued three prior strikes under the Prison Litigation Reform Act, could proceed in forma pauperis without paying the filing fee.
2. Whether the complaint alleged that plaintiff was under imminent danger of serious physical injury at the time of filing, thereby qualifying for the statutory exception to the three-strikes rule.

Disposition

other