John Paul Schowachert v. Smiley

Summary

The United States District Court for the Eastern District of California recommends denying John Paul Schowachert’s motion to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). The court finds that the complaint does not establish that Plaintiff was in imminent danger of serious physical injury when he filed the action and orders the Clerk to randomly assign a district judge. Plaintiff is directed to pay the $405 filing fee, subject to objections within fourteen days.

Holdings

1. Plaintiff did not satisfy the imminent-danger exception because he did not allege that he faced an imminent danger of serious physical injury at the time he filed the action, and the alleged past incident was not shown to be connected to any ongoing danger at his current institution or redressable in this action.
2. Plaintiff was subject to the three-strikes bar under 28 U.S.C. § 1915(g), based on at least three prior qualifying dismissals.

Questions Presented

1. Whether Plaintiff was barred from proceeding in forma pauperis under 28 U.S.C. § 1915(g) because he had at least three prior qualifying dismissals.
2. Whether Plaintiff satisfied the imminent-danger exception to the three-strikes bar by alleging an imminent danger of serious physical injury fairly traceable to the alleged unlawful conduct and redressable by the court.

Disposition

other