Schowachert v. Polley

Summary

The United States District Court for the Eastern District of California adopted findings and recommendations concerning John Paul Frank Schowachert’s application to proceed in forma pauperis. Because Plaintiff had accumulated six qualifying strikes under 28 U.S.C. § 1915(g) and did not allege imminent danger of serious physical injury, the court denied in forma pauperis status and ordered him to pay the $405 filing fee within 30 days or face dismissal without prejudice.

Holdings

1. The imminent-danger exception did not apply because Plaintiff failed to allege that he was in imminent danger of serious physical injury when the complaint was filed.
2. Plaintiff's application to proceed in forma pauperis was denied, and he was ordered to pay the full $405 filing fee within 30 days if he wished to proceed with the action.

Questions Presented

1. Whether Plaintiff qualified for the imminent-danger exception to the three-strikes limitation in 28 U.S.C. § 1915(g).
2. Whether Plaintiff's application to proceed in forma pauperis should be denied and Plaintiff required to pay the filing fee.

Disposition

other