Stanley Boclair v. PREA Compliance Manager, et al.

Summary

The court revoked Stanley Boclair’s previously granted in forma pauperis status after determining that he had accumulated three qualifying strikes under 28 U.S.C. § 1915(g) and had not shown imminent danger of serious physical injury. The court dismissed several pending motions as moot, ordered payment of the remaining filing fee, and deferred screening of the Second Amended Complaint pending payment.

Holdings

1. A prisoner who has previously brought three actions dismissed as frivolous, malicious, or for failure to state a claim is barred from proceeding in forma pauperis unless the prisoner satisfies the statutory imminent-danger exception. The court determined that Plaintiff had three qualifying strikes before filing this case.
2. Plaintiff did not satisfy the imminent-danger exception because allegations of past harm, without a real and proximate threat that was imminent or occurring when the complaint was filed, do not overcome the three-strikes bar.
3. The court revoked Plaintiff's previously granted IFP status as improperly granted and required him to pay the remaining balance of the filing fee before the court would screen the Second Amended Complaint.

Questions Presented

1. Whether Plaintiff had accumulated three qualifying strikes under 28 U.S.C. § 1915(g) before filing this action.
2. Whether Plaintiff alleged imminent danger of serious physical injury sufficient to invoke the exception to the three-strikes bar.
3. Whether Plaintiff's previously granted IFP status should be revoked and whether he must pay the remaining filing fee before screening his Second Amended Complaint.

Disposition

other