Dyer v. Spears

Summary

The United States District Court for the Northern District of California denied Plaintiff Jewel Evern Dyer’s application to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). The court dismissed the action without prejudice, finding that Plaintiff failed to plausibly show imminent danger of serious physical injury and denying his pending motions to amend, for appointment of counsel, and related relief.

Holdings

1. Plaintiff did not plausibly allege that he faced an imminent danger of serious physical injury when he filed the action, so he did not qualify for the statutory exception to the three-strikes bar.
2. Plaintiff failed to establish the required nexus between the alleged imminent danger and his claims because the relief sought would not redress the alleged stomach injuries.
3. Plaintiff's motions to amend were denied because the action was being dismissed without prejudice to refiling after payment of the filing fee, leaving no basis to amend the complaint in the dismissed action.
4. Appointment of counsel was not warranted because there is no right to counsel in an ordinary civil case and Plaintiff had not shown exceptional circumstances.

Questions Presented

1. Whether Plaintiff qualified for the imminent-danger exception to the PLRA's three-strikes bar under 28 U.S.C. § 1915(g).
2. Whether Plaintiff established the required nexus between the alleged imminent danger and the claims and relief sought in the complaint.
3. Whether the court could consider Plaintiff's motions to amend after dismissing the action without prejudice for failure to qualify for IFP status.
4. Whether appointment of counsel was warranted in the circumstances presented.

Disposition

dismissed