Tervarus Gary v. Mango, et al.

Summary

The United States District Court for the Northern District of Indiana denied Tervarus Gary leave to proceed in forma pauperis under the Prison Litigation Reform Act's three-strikes provision. The court found that Gary's allegations concerning an allegedly threatening remark did not establish imminent danger of serious physical injury, granted him until January 30, 2026, to pay the filing fee, and cautioned that failure to do so would result in dismissal.

Holdings

1. A prisoner with three prior qualifying dismissals may not proceed in forma pauperis unless the complaint plausibly shows that the prisoner is under imminent danger of serious physical injury.
2. Gary did not plausibly allege imminent danger because the alleged statement, without additional context, did not establish a real and proximate threat or a genuine emergency.
3. Verbal abuse alone is insufficient to state a civil-rights claim or establish the imminent-danger exception.

Questions Presented

1. Whether Gary, a prisoner with three qualifying strikes under 28 U.S.C. § 1915(g), plausibly alleged that he was under imminent danger of serious physical injury so that he could proceed in forma pauperis.
2. Whether the alleged verbal threat, without more factual context, plausibly established a genuine emergency or a civil-rights claim.

Disposition

other