Brian Keith Alford v. Dr. Hawk, et al.

Summary

The United States District Court for the Southern District of Ohio sustains Brian Keith Alford’s objections to a Report and Recommendation denying in forma pauperis status. The court finds that Alford’s allegations concerning severe and inadequately treated medical conditions sufficiently invoke the imminent-danger exception to the Prison Litigation Reform Act’s three-strikes provision. The matter is returned to the Magistrate Judge for further review of the in forma pauperis application and, if appropriate, screening of the amended complaint.

Holdings

1. A prisoner with three qualifying strikes may proceed in forma pauperis when the complaint, liberally construed, alleges facts supporting a reasonable inference that the prisoner was under imminent danger of serious physical injury when the action was filed. Plaintiff's allegations of significant ongoing pain, denial of necessary medication, and delayed surgery sufficiently alleged that exception.
2. Plaintiff's objections were sustained, and the matter was returned to the Magistrate Judge to reconsider the in forma pauperis application in light of the finding that Plaintiff satisfied the imminent-danger exception.

Questions Presented

1. Whether Plaintiff, despite having accumulated three strikes under the Prison Litigation Reform Act, adequately alleged that he was under imminent danger of serious physical injury so as to qualify for the statutory exception to the three-strikes bar.
2. Whether the objections to the Magistrate Judge's Report and Recommendation should be sustained and the matter returned for further consideration of Plaintiff's in forma pauperis application.

Disposition

remanded