Supastar Ware v. John Boyles, et al.

Summary

The United States District Court for the Eastern District of Missouri denies Supastar Ware’s application to proceed in forma pauperis because he had accrued three qualifying strikes under 28 U.S.C. § 1915(g). The court finds that Ware did not allege facts showing imminent danger of serious physical injury and orders him to pay the full filing fee within 21 days, or the action will be dismissed without prejudice.

Holdings

1. Because plaintiff had previously brought at least three actions dismissed as frivolous, malicious, or for failure to state a claim, 28 U.S.C. § 1915(g) barred him from proceeding in forma pauperis unless the imminent-danger exception applied.
2. Plaintiff's allegations did not establish an imminent danger of serious physical injury sufficient to avoid the § 1915(g) three-strikes bar.

Questions Presented

1. Whether plaintiff was barred from proceeding in forma pauperis because he had accrued three or more qualifying strikes under 28 U.S.C. § 1915(g).
2. Whether the allegations established that plaintiff was under imminent danger of serious physical injury, triggering the exception to the three-strikes bar.
3. What filing-fee consequence should follow from denial of plaintiff's in forma pauperis application.

Disposition

other