Stephens v. Shaffer

Summary

The court recommends denying Jimmie Stephens’s application to proceed in forma pauperis under the Prison Litigation Reform Act’s three-strikes provision, 28 U.S.C. § 1915(g). It concludes that Stephens did not plausibly allege an imminent danger of serious physical injury and recommends that he pay the filing fee in full before proceeding; related requests are denied as moot.

Holdings

1. Plaintiff was precluded from proceeding in forma pauperis because the record established at least three prior qualifying dismissals for frivolousness or failure to state a claim.
2. Plaintiff did not demonstrate that he was under imminent danger of serious physical injury when he filed the action or first amended complaint, and therefore did not qualify for the § 1915(g) exception.
3. Plaintiff's requests for screening and for a ruling on his in forma pauperis application were denied as moot in light of the findings and recommendations.

Questions Presented

1. Whether plaintiff had accrued at least three qualifying dismissals under the PLRA's three-strikes provision, 28 U.S.C. § 1915(g).
2. Whether plaintiff alleged facts showing that he was under imminent danger of serious physical injury when he filed the action or first amended complaint.
3. Whether plaintiff's later requests for screening and a ruling on his in forma pauperis application were moot in light of the findings and recommendations.

Disposition

other