Lewis v. State of New York

Background

James D. Lewis, who was incarcerated at Dixon Correctional Center and proceeding without a lawyer, filed this action and applied to proceed in forma pauperis, meaning without paying court fees in advance. He also submitted a prisoner authorization form. The complaint named the State of New York, the New York Stock Exchange, the American Civil Liberties Union, the American Correctional Association, and other defendants. The court described the complaint as largely indecipherable.

Legal standard

The Prison Litigation Reform Act’s “three-strikes” rule, 28 U.S.C. § 1915(g), 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 failing to state a claim. The exception applies when the prisoner is in imminent danger of serious physical injury. The court relied on an earlier related proceeding that listed Lewis’s qualifying dismissals and found that the complaint did not show such a danger.

Ruling

The court denied Lewis’s request to proceed without prepaying the filing fee. It dismissed the complaint without prejudice under the three-strikes rule. The opinion states that Lewis may begin a new action by paying the filing fees, but any new prisoner civil-rights complaint would still be subject to statutory screening. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for an appeal. Judge Laura Taylor Swain directed the Clerk of Court to enter judgment.