Saunders Franklin v. Lt. Day, et al.

Summary

The United States District Court for the Western District of Virginia dismisses Saunders Franklin’s 42 U.S.C. § 1983 action without prejudice. The court concludes that Franklin failed to qualify for the imminent-danger exception to the Prison Litigation Reform Act’s three-strikes rule, failed to pay the filing fee after being ordered to do so, and failed to comply with the court’s order.

Holdings

1. A prisoner subject to the three-strikes provision may proceed without prepaying the filing fee only upon alleging sufficient and specific facts establishing imminent danger of serious physical injury at the time of filing; Plaintiff failed to make that showing.
2. When a plaintiff fails to pay the required filing fee or otherwise respond within the deadline specified in the court's order, the court may dismiss the action without prejudice for failure to comply with the order and failure to pay the filing fee.

Questions Presented

1. Whether the action should be dismissed without prejudice when Plaintiff failed to pay the filing fee after being denied in forma pauperis status and ordered to pay.
2. Whether Plaintiff established the imminent-danger exception to the Prison Litigation Reform Act's three-strikes filing-fee requirement.

Disposition

dismissed