Patrick Nicholas v. Tammy Giola, 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 demonstrated imminent danger of serious physical injury, while granting him thirty days to pay the filing fee.

Holdings

1. Plaintiff had accumulated three qualifying strikes because three prior civil actions were dismissed for failure to state a claim or on another qualifying basis.
2. Plaintiff did not establish that he was in imminent danger of serious physical injury at the time he filed the complaint.
3. The application to proceed in forma pauperis was denied, and Plaintiff was required to pay the filing fee within thirty days before proceeding.

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 PLRA's three-strikes bar.
3. Whether Plaintiff's application to proceed in forma pauperis should be denied and Plaintiff required to pay the filing fee before proceeding.

Disposition

other