Dewey Austin Barnett, II v. Tracy Brown, et al.

Summary

The United States District Court for the Eastern District of Missouri denied Dewey Austin Barnett II’s motion to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). The court found that he had previously incurred at least three qualifying dismissals and had not shown that he was under imminent danger of serious physical injury, ordering him to prepay the $405 filing fee by June 8, 2026.

Holdings

1. A prisoner with at least three prior actions dismissed as frivolous, malicious, or for failure to state a claim may not proceed in forma pauperis and must prepay the full filing fee unless the imminent-danger exception applies.
2. The imminent-danger exception did not apply because Plaintiff's complaint did not show that he was under imminent danger of serious physical injury.

Questions Presented

1. Whether Plaintiff could proceed in forma pauperis despite having previously incurred at least three qualifying dismissals under 28 U.S.C. § 1915(g).
2. Whether the imminent-danger exception to the three-strikes rule applied.

Disposition

other