Draper Frank Woodyard v. South Baldwin Hospital, et al.

Summary

The United States District Court for the Southern District of Alabama denied Draper Frank Woodyard’s motion to proceed in forma pauperis on appeal. The court held that Woodyard was subject to the three-strikes provision of 28 U.S.C. § 1915(g) and had not shown that he was under imminent danger of serious physical injury.

Holdings

1. A prisoner with three qualifying strikes must pay the appellate filing fee unless he demonstrates that he is under imminent danger of serious physical injury.
2. Woodyard did not establish that he was under imminent danger of serious physical injury and therefore did not qualify for the exception to § 1915(g).

Questions Presented

1. Whether Woodyard could proceed in forma pauperis on appeal despite having three qualifying strikes under 28 U.S.C. § 1915(g).
2. Whether Woodyard showed that he was under imminent danger of serious physical injury so as to qualify for the statutory exception to the three-strikes rule.

Disposition

other