Supastar Ware v. Jane Summer, et al.

Summary

The United States District Court for the Eastern District of Missouri dismisses Supastar Ware’s action without prejudice because he has three strikes under 28 U.S.C. § 1915(g) and has not alleged imminent danger of serious physical injury. The Court also cites his alleged false representations regarding prior dismissals and states that he may refile only if he prepays the filing fee.

Holdings

1. Plaintiff was not eligible to proceed in forma pauperis because he had three qualifying strikes and did not allege facts showing that he was under imminent danger of serious physical injury.
2. Plaintiff's false representation that he had never had a case dismissed under the three-strikes rule independently warranted dismissal without prejudice.
3. The court could dismiss the action without providing another opportunity to prepay the filing fee because Plaintiff was already aware that he was barred by the three-strikes provision.

Questions Presented

1. Whether Plaintiff was eligible to proceed in forma pauperis despite having three strikes under 28 U.S.C. § 1915(g).
2. Whether the action should be dismissed without prejudice based on Plaintiff's false representation concerning his prior three-strikes dismissals.
3. Whether the court could dismiss the action without giving Plaintiff another opportunity to prepay the filing fee.

Disposition

dismissed