Antonio T. Flowers v. J. Miley and Officer Lindsey

Summary

The magistrate judge recommends dismissing Antonio T. Flowers’s prisoner civil rights action without prejudice under 28 U.S.C. § 1915(g). The recommendation finds that Flowers accumulated three qualifying strikes, did not pay the filing fee when initiating the case, and failed to allege facts showing imminent danger of serious physical injury.

Holdings

1. Plaintiff was not entitled to proceed in forma pauperis because he had accumulated three qualifying strikes from prior federal actions dismissed as malicious, as an abuse of the judicial process, or for failure to state a claim.
2. Plaintiff did not allege facts demonstrating that he faced imminent danger of serious physical injury.
3. The action should be dismissed without prejudice because Plaintiff, subject to § 1915(g), did not pay the filing fee when he initiated the action.

Questions Presented

1. Whether Plaintiff was barred from proceeding in forma pauperis under 28 U.S.C. § 1915(g) because he had accumulated three qualifying dismissals.
2. Whether Plaintiff alleged facts establishing that he was under imminent danger of serious physical injury, an exception to the three-strikes bar.
3. Whether the action should be dismissed without prejudice because Plaintiff had not paid the filing fee at the time of initiation.

Disposition

dismissed