Poff v. Scullion

Summary

The United States District Court for the Eastern District of Wisconsin denied Jeff Poff’s motion to appeal without prepaying the appellate filing fee under the Prison Litigation Reform Act. The court found that Poff had accumulated three qualifying strikes, had not alleged imminent danger of serious physical injury, and ordered him to pay the $605 appellate filing fee by February 19, 2026.

Holdings

1. The plaintiff was barred from proceeding on appeal without prepaying the filing fee because he had accumulated three qualifying strikes under 28 U.S.C. § 1915(g).
2. The imminent-danger exception did not apply because the plaintiff alleged no facts showing that he was in imminent danger of serious physical injury.
3. The plaintiff incurred the appellate filing fee by filing the notice of appeal, and the full $605 fee was due within fourteen days of the order.

Questions Presented

1. Whether the incarcerated plaintiff could proceed on appeal without prepaying the filing fee despite having three qualifying strikes under 28 U.S.C. § 1915(g).
2. Whether the imminent-danger exception to the three-strikes provision applied.

Disposition

other