Saunders Franklin v. Patrick Yeattes, et al.

Summary

The United States District Court for the Western District of Virginia dismissed Saunders Franklin’s § 1983 action without prejudice after denying in forma pauperis status under the Prison Litigation Reform Act’s three-strikes provision. The court found that Franklin failed to pay the filing fee or otherwise respond within the ordered 30-day period.

Holdings

1. A prisoner subject to the three-strikes provision may proceed without prepaying the filing fee only if he alleges sufficient and specific facts showing that he was in imminent danger of serious physical injury when the action was filed; plaintiff did not make that showing.
2. Dismissal without prejudice was warranted because plaintiff failed to pay the filing fee or otherwise respond within 30 days after the court ordered him to do so.

Questions Presented

1. Whether the action should be dismissed without prejudice because plaintiff failed to pay the filing fee after in forma pauperis status was denied.
2. Whether plaintiff's failure to comply with the court's order warranted dismissal.

Disposition

dismissed