Billy Driver, Jr. v. K. Caise, et al.

Summary

The document contains findings and recommendations in a prisoner civil rights action under 42 U.S.C. § 1983. The magistrate judge recommends requiring the plaintiff to pay the full $405 filing fee within 30 days because he had accrued three or more qualifying strikes under 28 U.S.C. § 1915(g) and had not adequately alleged imminent danger of serious physical injury.

Holdings

1. The court found that plaintiff had accrued three or more prior actions dismissed for failure to state a claim and therefore qualified as a three-strikes litigant.
2. The complaint did not allege facts demonstrating imminent danger of serious physical injury at the time it was filed, so the exception to § 1915(g) did not apply.
3. Plaintiff should be required to pay the full $405 filing fee within 30 days or face dismissal of the action.

Questions Presented

1. Whether plaintiff had accrued three or more prior strikes under 28 U.S.C. § 1915(g).
2. Whether the complaint alleged facts bringing plaintiff within § 1915(g)'s imminent-danger exception.
3. Whether plaintiff should be required to pay the full filing fee within 30 days or face dismissal.

Disposition

other