Darrell Eugene Johnson, A.K.A. Darryl E. Johnson v. Cal. Correctional Health Care Services, et al.

Summary

The United States Magistrate Judge recommends denying Darrell Eugene Johnson’s application to proceed in forma pauperis under the Prison Litigation Reform Act’s three-strikes provision, 28 U.S.C. § 1915(g). The court finds that Johnson had accrued at least three qualifying strikes and had not adequately alleged imminent danger of serious physical injury when he filed the action, and therefore recommends requiring payment of the filing fee in full before proceeding.

Holdings

1. Plaintiff had accrued at least three prior strikes because prior actions had been dismissed for failure to state a claim, as frivolous or duplicative, or after dismissal for failure to state a claim followed by a failure to amend.
2. Plaintiff did not plausibly allege that he was under imminent danger of serious physical injury when he filed the complaint.
3. Plaintiff's application to proceed in forma pauperis should be denied, and plaintiff should be required to pay the filing fee in full before proceeding further.

Questions Presented

1. Whether plaintiff had accrued at least three prior strikes under 28 U.S.C. § 1915(g).
2. Whether plaintiff's complaint alleged facts demonstrating that he was under imminent danger of serious physical injury when the complaint was filed.
3. Whether plaintiff therefore could proceed in forma pauperis or was required to pay the filing fee in full before proceeding.

Disposition

other