Nedolandez Santos v. Tina Tyler, et al.

Summary

The court dismissed without prejudice a pro se prisoner’s 42 U.S.C. § 1983 action under the Prison Litigation Reform Act’s three-strikes provision, 28 U.S.C. § 1915(g). The court determined that the plaintiff had accumulated at least three qualifying dismissals, had not paid the filing fee when initiating the action, and had not shown an imminent danger of serious physical injury.

Holdings

1. A prisoner who has accumulated at least three qualifying dismissals under 28 U.S.C. § 1915(g) must pay the required filing fee when initiating a new civil action; the prisoner cannot cure the failure by paying after denial of in forma pauperis status.
2. Santos did not demonstrate that he was under imminent danger of serious physical injury at the time he filed the complaint.
3. Because Santos had at least three qualifying strikes, failed to pay the filing fee at filing, and did not qualify for the imminent-danger exception, the action was dismissed without prejudice under § 1915(g).

Questions Presented

1. Whether a prisoner with at least three qualifying dismissals under 28 U.S.C. § 1915(g) may proceed without prepaying the filing fee.
2. Whether Santos established that he was under imminent danger of serious physical injury when he filed the complaint, thereby qualifying for the statutory exception to the three-strikes rule.
3. Whether the action should be dismissed without prejudice because Santos neither paid the filing fee at filing nor satisfied the imminent-danger exception.

Disposition

dismissed