Driver v. Jacinto

Summary

The document contains findings and recommendations by a United States Magistrate Judge concerning Billy Driver’s amended prisoner civil-rights complaint and application to proceed in forma pauperis. The court recommends denying in forma pauperis status under 28 U.S.C. § 1915(g) because Driver is a three-striker and has not shown that he faced imminent physical danger when he filed the action. It further recommends that Driver be required to pay the filing fee to proceed.

Holdings

1. For purposes of the imminent-danger exception to the three-strikes bar, the relevant circumstances are those existing when the complaint is filed.
2. Plaintiff's allegations of safety concerns, an alleged hostile statement, and a generalized fear of unidentified harm were insufficient to demonstrate imminent danger of serious physical injury under § 1915(g).

Questions Presented

1. Whether plaintiff, who had previously brought at least three actions dismissed for failure to state a claim, demonstrated that he was in imminent danger of serious physical injury when he filed the action and therefore qualified for the exception to the three-strikes bar under 28 U.S.C. § 1915(g).
2. Whether plaintiff's amended complaint alleged a specific and non-generalized threat of imminent physical harm sufficient to proceed in forma pauperis.

Disposition

other