Karsten O. Allen v. Sally Good, et al.

Summary

The court dismissed without prejudice a pro se prisoner’s 42 U.S.C. § 1983 action under the Prison Litigation Reform Act’s three-strikes provision, 28 U.S.C. § 1915(g). The court held that allegations concerning past assaults and speculative future danger did not establish imminent danger of serious physical injury, particularly because the plaintiff had been placed in restrictive housing. The plaintiff’s motions for a temporary restraining order and preliminary injunction were denied as moot.

Holdings

1. Allen failed to allege facts showing that he was under imminent danger of serious physical injury when he filed the action, so he could not proceed without prepaying the filing fee despite his three prior qualifying dismissals.
2. Allen's motions for a temporary restraining order and preliminary injunction were moot because the underlying action was dismissed.

Questions Presented

1. Whether Allen qualified for the imminent-danger exception to the Prison Litigation Reform Act's three-strikes filing-fee requirement under 28 U.S.C. § 1915(g).
2. Whether Allen's motions for a temporary restraining order and preliminary injunction remained justiciable after dismissal of the action.

Disposition

dismissed