Deandre Walton v. Gregory N. Smith

Summary

The Eastern District of Missouri denies DeAndre Walton’s application to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). The court finds that Walton has accrued three qualifying dismissals and has not alleged imminent danger of serious physical injury. The court orders him to pay the $405 filing fee within 30 days or face dismissal without prejudice.

Holdings

1. A prisoner who has accumulated three prior actions dismissed as frivolous, malicious, or for failure to state a claim may not proceed in forma pauperis unless the complaint satisfies the imminent-danger exception. Because Walton had three qualifying strikes, he could not proceed without prepaying the filing fee absent that exception.
2. The complaint did not allege imminent danger of serious physical injury because its allegations concerned alleged attorney misconduct in a past criminal proceeding and did not identify a continuing or future risk of physical injury.

Questions Presented

1. Whether Plaintiff was barred by 28 U.S.C. § 1915(g) from proceeding without prepayment of fees because he had accumulated three qualifying dismissals.
2. Whether the complaint satisfied § 1915(g)'s exception for a prisoner who is under imminent danger of serious physical injury.

Disposition

other