E.J. McElroy v. Guzman

Summary

The United States District Court for the Eastern District of California recommends denying E.J. McElroy’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 McElroy had previously accrued at least three qualifying strikes and did not adequately allege imminent danger of serious physical injury when he filed the action. The court also recommends that he pay the filing fee in full before proceeding and gives him fourteen days to file objections.

Holdings

1. Plaintiff was a three-strikes litigant because prior actions had been dismissed on grounds qualifying as strikes under § 1915(g).
2. Plaintiff did not qualify for the imminent-danger exception because the complaint did not allege that he faced imminent danger of serious physical injury when it was filed.
3. Plaintiff should be required to pay the filing fee in full before proceeding further with the action.

Questions Presented

1. Whether Plaintiff had accrued three or more qualifying strikes under 28 U.S.C. § 1915(g).
2. Whether Plaintiff qualified for the imminent-danger exception to the three-strikes bar.
3. Whether Plaintiff's application to proceed in forma pauperis should be denied and Plaintiff required to pay the filing fee before proceeding.

Disposition

other