Tervarus Gary v. Centurion, et al.

Summary

The United States District Court for the Northern District of Indiana denies Tervarus Gary's motion to proceed in forma pauperis under the Prison Litigation Reform Act's three-strikes provision. The court finds that Gary did not allege an imminent danger of serious physical injury and dismisses the case without prejudice, while assessing the filing fee. The court also restricts Gary from filing papers in other civil actions until outstanding federal filing fees and sanctions are paid, subject to specified exceptions.

Holdings

1. A prisoner with three qualifying dismissals may not proceed in forma pauperis unless the complaint shows that the prisoner was under imminent danger of serious physical injury when the action was filed. Because Gary alleged no such danger, his in forma pauperis motion was denied.
2. The action was dismissed without prejudice, the filing fee was assessed, and Gary was restricted from filing papers in other civil actions in the circuit until all outstanding federal filing fees and sanctions were paid, subject to stated exceptions.

Questions Presented

1. Whether a prisoner with three qualifying dismissals under 28 U.S.C. § 1915(g) may proceed in forma pauperis when the complaint does not allege imminent danger of serious physical injury.
2. Whether the court could dismiss the action without prejudice, assess the filing fee, and restrict future filings based on Gary's attempt to proceed in forma pauperis despite his three-strikes status.

Disposition

dismissed