Lewis v. Federal Bureau of Investigation
- Yvonne Rogers
- 4:25-cv-03707
- U.S. District Court · Northern District of California
- 3
In Anthony Ceasar Lewis v. Federal Bureau of Investigation, Judge Rogers ordered Lewis to explain why fee-waiver status and the case should not be denied or dismissed under the three-strikes rule.
Anthony Ceasar Lewis, whose request to proceed without paying the filing fee may be denied and whose action may be dismissed unless he timely responds or pays the $405 filing fee.
What happened
Anthony Ceasar Lewis, a detainee proceeding without a lawyer, sued the Federal Bureau of Investigation under a federal civil-rights law and asked to proceed without paying the filing fee. The case is Anthony Ceasar Lewis v. Federal Bureau of Investigation.
The court identified at least three of Lewis’s earlier prisoner cases that may count as dismissals for purposes of the law’s three-strikes rule. The court also stated that Lewis did not appear to be in immediate danger of serious physical injury.
Judge Yvonne Gonzalez Rogers ordered Lewis to explain in writing within 28 days why his fee-waiver request should not be denied and the case dismissed. Lewis may avoid dismissal by paying the $405 filing fee; failing to respond on time or pay the fee will result in dismissal without further notice.
The detailed version
- Lewis v. Federal Bureau of Investigation · No. 4:25-cv-03707
- Yvonne Rogers
- Oct. 7, 2025
Background
Anthony Ceasar Lewis, a detainee at the Monterey County Jail proceeding without a lawyer, filed a civil-rights complaint under 42 U.S.C. § 1983 against the Federal Bureau of Investigation. He also asked to proceed without paying the filing fee, a request commonly called proceeding in forma pauperis (IFP).
The Three-Strikes Rule
The Prison Litigation Reform Act generally bars a prisoner from proceeding IFP if the prisoner has brought at least three earlier actions or appeals while incarcerated or detained that were dismissed as frivolous, malicious, or for failure to state a legally sufficient claim. The exception is when the prisoner is under imminent danger of serious physical injury. The court explained that a dismissal under this rule prevents a prisoner from proceeding as a pauper but does not prevent the prisoner from pursuing the claims after paying the full filing fee.
The court reviewed Lewis’s earlier prisoner cases and stated that at least three had been dismissed on grounds that may count under the three-strikes rule. The court identified five prior federal district court dismissals for possible consideration, including dismissals for failure to state a claim, under the rule concerning claims that would undermine an existing conviction, and based on a defendant’s absolute immunity. The court also stated that Lewis did not appear to be under imminent danger of serious physical injury.
Order
Judge Yvonne Gonzalez Rogers ordered Lewis to show cause in writing within 28 days why his IFP motion should not be denied and this action should not be dismissed under 28 U.S.C. § 1915(g). Lewis may avoid dismissal by paying the $405 filing fee. The court stated that failure to file a timely response or pay the full filing fee will result in dismissal without further notice. The court did not decide the merits of Lewis’s civil-rights claims in this order.
Classification
This is a procedural order because the court addressed eligibility to proceed without paying the filing fee and gave Lewis an opportunity to respond before any dismissal. It did not resolve the underlying civil-rights claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.