Jessie Terrell Radford v. Caren Harp; Hunter Scott; Ryan Rainwater; and B. Shaifers

Summary

The United States District Court for the Western District of Arkansas adopts a magistrate judge’s recommendation to deny Jessie Terrell Radford’s application to proceed in forma pauperis under the three-strikes provision of 28 U.S.C. § 1915(g). The court finds that the complaint does not allege facts showing imminent danger of serious physical injury and dismisses the action without prejudice, while directing the Clerk to provisionally file future IFP actions for further review.

Holdings

1. The imminent-danger exception did not apply because the complaint did not sufficiently allege that Radford faced imminent danger of serious physical injury at the time of filing.
2. The court denied Radford's application to proceed in forma pauperis and dismissed the complaint without prejudice, allowing him to reopen the action upon payment of the appropriate filing fee.

Questions Presented

1. Whether Radford qualified for the imminent-danger exception to the three-strikes bar in 28 U.S.C. § 1915(g).
2. Whether the complaint should be dismissed without prejudice after denial of in forma pauperis status.

Disposition

dismissed