Jones v. M.C.R.P. Program, et al.

Summary

The United States District Court for the Southern District of California denied Wayne Elijah Jones’s motion to proceed in forma pauperis under the Prison Litigation Reform Act’s three-strikes provision. The court found that Jones had accumulated at least four qualifying strikes, had not plausibly alleged imminent danger of serious physical injury, and dismissed the action without prejudice for failure to prepay the filing and administrative fees.

Holdings

1. A prisoner who has accumulated three or more qualifying strikes may not proceed in forma pauperis unless the complaint satisfies the imminent-danger exception. The court found that Jones had accumulated at least four qualifying strikes.
2. Plaintiff did not satisfy the imminent-danger exception because the complaint contained no plausible allegation that he faced imminent danger of serious physical injury at the time of filing.
3. The action was dismissed without prejudice because Plaintiff was denied IFP status and failed to prepay the $405 civil and administrative filing fees.

Questions Presented

1. Whether Plaintiff was barred from proceeding in forma pauperis under the PLRA three-strikes provision, 28 U.S.C. § 1915(g).
2. Whether Plaintiff established the statutory exception by plausibly alleging that he faced imminent danger of serious physical injury when he filed the complaint.
3. Whether the action should be dismissed without prejudice for failure to prepay the required filing and administrative fees.

Disposition

dismissed