King Cedric Omar Snead v. Roanoke City, VA

Summary

The United States District Court for the Western District of Virginia denied King Cedric Omar Snead’s implied application to proceed in forma pauperis under 28 U.S.C. § 1915(g). The court concluded that Snead had three or more qualifying prior dismissals and had not alleged facts showing imminent danger of serious physical injury, so it dismissed the complaint without prejudice for failure to prepay the required filing and administrative fees.

Holdings

1. A prisoner with three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim may not proceed in forma pauperis unless the complaint shows that the prisoner faces imminent danger of serious physical injury. The court determined that Snead had numerous qualifying prior dismissals.
2. Snead's bare two-word allegation of “false imprisonment” did not satisfy the imminent-danger exception to § 1915(g), because it alleged no facts showing a real, proximate, and imminent threat of serious physical injury.
3. The court denied Snead's application to proceed in forma pauperis and dismissed the complaint without prejudice because he had not prepaid the required filing and administrative fees and had not shown imminent danger under § 1915(g).

Questions Presented

1. Whether Snead was barred by 28 U.S.C. § 1915(g) from proceeding in forma pauperis because he had accumulated at least three qualifying dismissals.
2. Whether Snead's allegation of “false imprisonment,” without supporting facts, satisfied the imminent-danger exception to § 1915(g).
3. Whether the complaint should be dismissed without prejudice when Snead neither prepaid the filing fees nor qualified for the imminent-danger exception.

Disposition

dismissed