Scott v. California Department of Correction and Rehabilitation

Summary

The court recommends denying Floyd Scott’s application to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). It concludes that Scott had incurred at least three qualifying prior strikes and had not shown that he faced an imminent danger of serious physical injury when he filed the action. The court also recommends that Scott be required to pay the $405 filing fee in full within 30 days.

Holdings

1. Plaintiff had at least three qualifying prior strikes because multiple prior actions were dismissed for failure to state a claim, and one appeal was dismissed as frivolous.
2. Plaintiff did not establish that he faced an imminent danger of serious physical injury when he filed the complaint.

Questions Presented

1. Whether Plaintiff had incurred at least three prior 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.

Disposition

other