Jean-Louis v. Governor State of New York

Background

Joseph W. Jean-Louis brought the action against Governor State of New York. He was incarcerated at the North Infirmary Command on Rikers Island and represented himself. Because he did not pay the filing fees, the court treated the filing as a request to proceed without paying those fees.

Three-strikes rule

The Prison Litigation Reform Act, specifically 28 U.S.C. § 1915(g), generally prevents a prisoner from proceeding without paying filing fees if the prisoner has had three or more earlier actions or appeals dismissed as frivolous, malicious, or insufficiently pleaded. The statute contains an exception when the prisoner is under an imminent danger of serious physical injury.

The court stated that Jean-Louis was already barred from filing a new action without paying the fees while incarcerated because of three prior qualifying dismissals. The court also determined that his complaint did not demonstrate an imminent danger of serious physical injury. Instead, the complaint described his ideas for building an underground nuclear fallout shelter. The court therefore concluded that the statutory exception did not apply.

Ruling

The court denied Jean-Louis’s request to proceed without paying the filing fee and dismissed the complaint without prejudice under the three-strikes rule. The court explained that Jean-Louis could commence a new action by paying the filing fees; any such complaint would still be reviewed under the prisoner-screening statute, 28 U.S.C. § 1915A.

The court also certified that an appeal from the order would not be taken in good faith and denied fee-waiver status for purposes of an appeal. The Clerk of Court was directed to enter judgment.