Bennett v. Westchester County Jail/Inmate Account

Background

Donald Mack Bennett, proceeding without a lawyer, filed the action while detained at Westchester County Jail. He had not prepaid the filing fee, so the court treated the filing as a request to proceed in forma pauperis (IFP), meaning without paying the fee in advance. The complaint raised claims about Bennett’s legal mail.

Three-Strikes Rule

The Prison Litigation Reform Act generally prevents a prisoner from bringing a civil action without prepaying the filing fee if the prisoner previously had three or more federal actions or appeals dismissed as frivolous, malicious, or for failure to state a claim. The exception applies when the prisoner is in imminent danger of serious physical injury at the time the complaint is filed.

The court relied on an earlier order that listed Bennett’s prior strikes and found that he was barred from filing future federal actions IFP while he was a prisoner. The court also found that Bennett’s complaint did not show an imminent danger of serious physical injury. The opinion states that the alleged danger must exist when the complaint is filed, and that a danger that had already ended by then would not satisfy the exception.

Ruling

Judge Laura Taylor Swain denied Bennett’s request to proceed IFP and dismissed the complaint without prejudice under the PLRA’s three-strikes rule. Bennett remains barred from filing future actions IFP while he is a prisoner unless he is under an imminent threat of serious physical injury.

The court certified that an appeal from the order would not be taken in good faith and therefore denied IFP status for purposes of an appeal. It directed the Clerk of Court to enter judgment.