De’Amontae Manning v. Corrections Officer Tristin Pruitt

Summary

The United States District Court for the Northern District of Ohio denied De’Amontae Manning’s application to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). The court found that Manning did not plausibly allege imminent danger of serious physical injury because his religious-meal claim concerned events occurring months before filing, and dismissed the action subject to reopening upon payment of the full filing fee.

Holdings

1. The imminent-danger exception did not apply because Manning's complaint did not allege a real and proximate threat of serious physical injury contemporaneous with the filing of the complaint.
2. Manning could not proceed in forma pauperis because he had at least three prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim, and he did not satisfy the imminent-danger exception.
3. The action was dismissed pursuant to 28 U.S.C. § 1915(g), subject to reopening if Manning paid the full filing fee and filed a motion to reopen within thirty days.

Questions Presented

1. Whether Manning qualified for the imminent-danger exception to 28 U.S.C. § 1915(g)'s three-strikes bar to proceeding in forma pauperis.
2. Whether the action should be dismissed when Manning had at least three prior qualifying dismissals and did not pay the full filing fee.

Disposition

dismissed