Cramer v. Macomber

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations concerning Matthew B. Cramer’s application to proceed in forma pauperis. The court determined that Plaintiff had accumulated three qualifying strikes under 28 U.S.C. § 1915(g) and had not shown imminent danger of serious physical injury. The court denied in forma pauperis status and directed Plaintiff to pay the $405 filing fee within 30 days of service or face dismissal without prejudice.

Holdings

1. A prisoner with three qualifying strikes may not proceed in forma pauperis unless the complaint plausibly demonstrates that the prisoner was under imminent danger of serious physical injury when the action was filed. Because Plaintiff had three qualifying strikes and did not satisfy the exception, his application to proceed in forma pauperis was denied.
2. The district court adopted the findings and recommendations in full after conducting de novo review under 28 U.S.C. § 636(b)(1).

Questions Presented

1. Whether Plaintiff qualified to proceed in forma pauperis despite having three prior qualifying strikes under 28 U.S.C. § 1915(g).
2. Whether the imminent-danger exception to § 1915(g) applied to Plaintiff's allegations.

Disposition

other