Elijah Lee Miller v. M. Bobbala, et al.

Summary

The United States District Court for the Eastern District of California recommends denying Elijah Lee Miller’s motion to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). The court finds that Miller had previously accrued at least three qualifying strikes and that the complaint’s allegations concerning liquid nutritional supplements did not establish imminent danger of serious physical injury, recommending payment of the full filing fee within 30 days.

Holdings

1. Plaintiff had accrued at least three qualifying strikes, so § 1915(g) barred her from proceeding in forma pauperis absent the imminent-danger exception.
2. Plaintiff's allegations about receiving two liquid nutritional supplements per day rather than two per meal were insufficient to establish imminent danger of serious physical injury.

Questions Presented

1. Whether plaintiff had accrued three or more prior strikes under 28 U.S.C. § 1915(g).
2. Whether the complaint's allegations concerning the number of liquid nutritional supplements provided at meals demonstrated that plaintiff was under imminent danger of serious physical injury when the complaint was filed.
3. Whether plaintiff should be denied in forma pauperis status and required to pay the full filing fee.

Disposition

other