Washington v. Broomfield

Summary

The document is an order directing random assignment of a district judge and a magistrate judge’s Findings and Recommendation in a prisoner civil-rights action under 42 U.S.C. § 1983. It recommends denying in forma pauperis status under the three-strikes provision of 28 U.S.C. § 1915(g) because the plaintiff did not plausibly allege imminent danger of serious physical injury and directing him to pay the filing fee. The recommendation is subject to objections within fourteen days.

Holdings

1. Plaintiff had accumulated three or more qualifying strikes and was therefore precluded from proceeding in forma pauperis unless the imminent-danger exception applied.
2. Plaintiff failed to plausibly allege that he faced imminent danger of serious physical injury when he filed the complaint.

Questions Presented

1. Whether plaintiff was subject to the three-strikes bar 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, thereby qualifying for the statutory exception to the three-strikes bar.
3. Whether plaintiff should be denied leave to proceed in forma pauperis and required to pay the filing fee.

Disposition

other