Izeh v. Department of Correction

Background

Matthew Izeh, a prisoner at the Robert N. Davoren Center on Rikers Island, filed the action without a lawyer. The court had previously granted his application to proceed in forma pauperis, meaning without paying the filing fee.

The complaint alleged that on May 25, 2025, Izeh slipped and fell because water had pooled near the telephones, injuring his head, back, and elbow.

Three-Strikes Rule

The Prison Litigation Reform Act’s three-strikes provision, 28 U.S.C. § 1915(g), bars a prisoner from bringing a civil action without paying the filing fee when the prisoner has, on three or more prior occasions while incarcerated or detained, brought an action or appeal that was dismissed as frivolous, malicious, or for failure to state a claim. The exception applies when the prisoner is under imminent danger of serious physical injury.

The court found that Izeh had accumulated three qualifying strikes. It relied on a prior related proceeding, No. 25-CV-3975 (S.D.N.Y.), in which the court had determined, after giving Izeh notice and an opportunity to respond, that he was barred under § 1915(g). The court concluded that Izeh therefore could proceed only by paying the filing fee or alleging facts showing that he was in imminent danger of serious physical injury.

The court found that the alleged May 25 fall did not establish imminent danger at the time this complaint was filed. The opinion explains that a danger that had ended before filing was not enough to satisfy the exception.

Ruling

The court vacated its July 18, 2025 order granting Izeh permission to proceed without paying the filing fee and dismissed the complaint without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The dismissal without prejudice means the order did not state that the complaint could never be brought again; the court’s footnote states that Izeh could start a new action by paying the filing fee. Any new complaint would still be subject to prisoner-complaint screening under 28 U.S.C. § 1915A.

The court also stated that Izeh remains barred from filing future actions without paying the filing fee while he is in custody unless he is under an imminent threat of serious physical injury. It certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied permission to appeal without paying the fee. The Clerk of Court was directed to enter judgment dismissing the case.