Taylor v. OBCC
- Laura Swain
- 1:24-cv-04011
- U.S. District Court · Southern District of New York
- 2
In Taylor v. OBCC, Judge Swain denied Taylor permission to proceed without paying the filing fee, dismissed his complaint without prejudice, and denied fee-free status for an appeal.
Eric Taylor’s case was dismissed without prejudice, and he remains barred from proceeding without paying the filing fee in future actions while he is a prisoner unless he shows an imminent threat of serious physical injury. His appeal also cannot proceed without paying the applicable fee.
What happened
In Taylor v. OBCC, Eric Taylor, who was detained at the Otis Bantum Correctional Center and represented himself, sued OBCC and asked to proceed without paying the filing fee upfront. He sought damages for a stomach virus that made him sick for two days in April 2024, which he believed was caused by an improperly cleaned food tray.
The court found that Taylor was barred by the Prison Litigation Reform Act’s three-strikes rule from proceeding without paying the filing fee in a new case while he was a prisoner. The court also found that his allegations about a past illness did not show that he faced an imminent danger of serious physical injury.
Judge Laura Taylor Swain denied Taylor’s request to proceed without paying the filing fee and dismissed the complaint without prejudice. The court said he could start a new action by paying the filing fee, and it denied him fee-free status for any appeal from the order, certifying that an appeal would not be taken in good faith.
The detailed version
- Taylor v. OBCC · No. 1:24-cv-04011
- Laura Swain
- May 30, 2024
Background
Eric Taylor filed the action against OBCC while detained at the Otis Bantum Correctional Center. He represented himself and asked to proceed in forma pauperis, meaning without paying the filing fee upfront. Taylor sought damages for a stomach virus that caused him to feel sick for two days in April 2024. He believed the illness resulted from a food tray that had not been properly cleaned.
Three-Strikes Rule
The court said Taylor was already barred from proceeding in forma pauperis in a new action filed while he was a prisoner. The prior bar order relied on three lawsuits Taylor had filed while incarcerated that were dismissed in their entirety as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i).
The Prison Litigation Reform Act generally prevents a prisoner from proceeding in forma pauperis after three prior actions or appeals were dismissed as frivolous, malicious, or for failing to state a claim. An exception applies when the prisoner plausibly shows an imminent danger of serious physical injury. The court found that Taylor’s allegations about a past illness caused by alleged negligence did not show that he was currently in such danger.
Ruling
The court denied Taylor’s request to proceed in forma pauperis under the three-strikes rule and dismissed the complaint without prejudice. The order states that Taylor may commence a new action by prepaying the filing fee; that complaint would then be reviewed under the prisoner-screening statute, 28 U.S.C. § 1915A.
The court also certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied in forma pauperis status for purposes of an appeal. Judgment was ordered to enter.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.