Juan Carlos Calderon v. H.E. Moseley, et al.

Summary

The United States District Court for the Eastern District of California addresses Juan Carlos Calderon’s application to proceed in forma pauperis in a prisoner civil rights action. The court finds that Calderon has at least three qualifying strikes under 28 U.S.C. § 1915(g), concludes that he has not plausibly alleged imminent danger of serious physical injury, and recommends denying in forma pauperis status and requiring payment of the full filing fee.

Holdings

1. Plaintiff was precluded from proceeding in forma pauperis because at least three of his prior federal actions or appeals had been dismissed as frivolous or for failure to state a claim, and none of those strikes had been overturned.
2. Plaintiff did not satisfy the imminent-danger exception because the complaint did not plausibly allege that he faced an imminent danger of serious physical injury at the time of filing, and it did not establish the required nexus between the alleged danger and the legal violations asserted.

Questions Presented

1. Whether plaintiff had at least three prior actions or appeals dismissed on grounds qualifying as strikes under 28 U.S.C. § 1915(g).
2. Whether plaintiff plausibly alleged that he was under imminent danger of serious physical injury at the time he filed the complaint, such that the statutory exception to the three-strikes bar applied.
3. Whether plaintiff should be denied in forma pauperis status and required to pay the full filing fee or face dismissal.

Disposition

other