Diaz v. Osman

Summary

The court dismisses plaintiff Miguel Enrique Diaz’s first amended complaint with leave to amend because he is a three-striker under 28 U.S.C. § 1915(g) and has not shown imminent physical danger. The court denies two duplicative in forma pauperis applications and a motion for extension of time, directs plaintiff to file an amended complaint or notice of voluntary dismissal within thirty days, and warns that failure to do so may result in dismissal with prejudice.

Holdings

1. A prisoner who has had at least three actions dismissed for failure to state a claim may proceed in forma pauperis only if the complaint shows that the prisoner is under imminent danger of serious physical injury; Diaz's amended complaint did not make that showing.
2. A prisoner may not bring separate and unrelated claims against multiple defendants in a single complaint.
3. The court may decline to consider allegations in a separate filing when determining whether the complaint itself establishes imminent physical danger for purposes of 28 U.S.C. § 1915(g).
4. An amended complaint supersedes its predecessors and must be complete in itself; plaintiff may not refer to other filings to bolster the amended complaint.

Questions Presented

1. Whether a prisoner with at least three qualifying dismissals may proceed in forma pauperis when the complaint does not show that he was under imminent danger of serious physical injury.
2. Whether the amended complaint improperly joined separate and unrelated claims against multiple defendants.
3. Whether allegations in a separate filing may be considered to establish imminent danger when evaluating the complaint.
4. What disposition and filing requirements should apply to the deficient amended complaint and duplicative in forma pauperis applications.

Disposition

other