Patrick Nicholas v. Pennsylvania D.O.C., et al.

Summary

The United States District Court for the Middle District of Pennsylvania denied Patrick Nicholas’s application to proceed in forma pauperis under the Prison Litigation Reform Act’s three-strikes provision, 28 U.S.C. § 1915(g). The court found that Nicholas had accumulated three qualifying strikes and had not shown that he was in imminent danger of serious physical injury. He was granted thirty days to pay the filing fee, subject to dismissal if he failed to do so.

Holdings

1. Plaintiff had accumulated three qualifying strikes because three prior civil actions had been dismissed with prejudice for failure to state a claim.
2. Plaintiff did not establish that he was in imminent danger of serious physical injury when he filed the complaint.
3. Plaintiff's application to proceed in forma pauperis was denied, but he was permitted thirty days to pay the requisite filing fee; failure to pay would result in dismissal of the complaint.

Questions Presented

1. Whether Plaintiff had accumulated three qualifying strikes under 28 U.S.C. § 1915(g).
2. Whether Plaintiff qualified for the imminent-danger exception to the Prison Litigation Reform Act's three-strikes rule.
3. Whether Plaintiff's in forma pauperis application should be denied and whether he should be required to pay the filing fee before proceeding.

Disposition

other