Anthony Joseph Lacy v. Darren Braden Lacy, Olivia Lacy, Curtis Hichew, Chris Hichew, and TDOC

Summary

The United States District Court for the Eastern District of Tennessee denied Anthony Joseph Lacy’s motion to proceed in forma pauperis under the Prison Litigation Reform Act’s three-strikes provision, finding no plausible allegation of imminent danger of serious physical injury. The court dismissed the action without prejudice to payment of the filing fee and permanently enjoined Lacy from filing new petitions, complaints, or filings in closed cases without prior court approval. The court also certified that any appeal would not be taken in good faith.

Holdings

1. A prisoner who has accumulated at least three qualifying strikes may not proceed in forma pauperis unless he plausibly alleges that he faced imminent danger of serious physical injury when he filed the complaint.
2. Conclusory allegations of threatened rape or harm, unsupported by specific facts, do not plausibly allege imminent danger of serious physical injury under § 1915(g).
3. A district court may permanently restrict a litigant from filing new petitions, complaints, or filings in closed cases without prior approval when the litigant has demonstrated a pattern of repetitive, frivolous, or vexatious filings and the restriction is necessary to protect judicial resources.
4. An appeal from the order would not be taken in good faith and would be totally frivolous, so any request to proceed in forma pauperis on appeal is denied.

Questions Presented

1. Whether Plaintiff could proceed in forma pauperis despite having accumulated at least three qualifying strikes under 28 U.S.C. § 1915(g).
2. Whether Plaintiff plausibly alleged that he was under imminent danger of serious physical injury when he filed the complaint.
3. Whether the court could permanently enjoin Plaintiff from filing new petitions, complaints, or filings in closed cases without prior court approval based on his pattern of repetitive, frivolous, or vexatious filings.
4. Whether any appeal should be certified as not taken in good faith under 28 U.S.C. § 1915(a)(3).

Disposition

dismissed