Andre D. Payne v. J. Morris

Summary

The court denied Andre D. Payne’s motion to proceed in forma pauperis because his allegations concerning sporadic exposure to soy-containing foods and calorie concerns did not establish imminent danger of serious physical injury under 28 U.S.C. § 1915(g). The court ordered him to pay the full $405 filing fee by December 29, 2025, and cautioned that failure to pay would result in dismissal without prejudice. The opinion also discusses Payne’s prior qualifying strikes under the Prison Litigation Reform Act.

Holdings

1. Payne did not satisfy the imminent-danger exception because his allegations of sporadic exposure to suspected soy products, without allegations that he consumed the items or suffered physical problems, did not show a real, proximate, or genuine emergency involving serious physical injury.

Questions Presented

1. Whether Payne qualified for the imminent-danger exception to the three-strikes limitation in 28 U.S.C. § 1915(g).
2. Whether Payne could proceed in forma pauperis despite having incurred three prior strikes under § 1915(g).

Disposition

other