Lionel Davis v. Sheriff Susan Hutson, et al.

Summary

The United States District Court for the Eastern District of Louisiana denies Lionel Davis’s motion to proceed in forma pauperis under the Prison Litigation Reform Act’s three-strikes provision. The court finds that Davis failed to demonstrate imminent danger of serious physical injury and denies his extension request as unnecessary. The court also discusses the improper inclusion of signatures from other prisoners and explains that they must file separate actions if they wish to pursue similar claims.

Holdings

1. Davis had accumulated at least three qualifying strikes under 28 U.S.C. § 1915(g), so he could not proceed in forma pauperis unless he satisfied the imminent-danger exception.
2. Davis's complaint did not demonstrate that he was in imminent danger of serious physical injury, so the imminent-danger exception did not permit him to proceed in forma pauperis.
3. The other prisoners who signed the attached exhibit were not properly joined as plaintiffs, and Davis could not represent them because a pro se litigant may represent only himself and may not act as counsel for other prisoners.
4. The motion for an extension of time was denied as unnecessary because Davis had simultaneously provided the certified trust-fund-account statement.

Questions Presented

1. Whether Davis was barred by 28 U.S.C. § 1915(g) from proceeding in forma pauperis after having accumulated three qualifying strikes.
2. Whether Davis satisfied the imminent-danger exception to the PLRA three-strikes bar.
3. Whether other prisoners who signed an exhibit but did not sign the complaint, appear in the caption, or submit pauper applications could join the action or be represented by Davis.
4. Whether Davis was entitled to additional time to file a certified trust-fund-account statement.

Disposition

other