Cardell-Smith v. Sean John Combs

Background

Derrick Lee Cardell-Smith, who is incarcerated at Kinross Correctional Facility, brought this action without a lawyer against Sean John Combs and the other defendants listed in the caption. Because he did not pay the filing fee, the court treated the complaint as requesting permission to proceed without prepaying fees, commonly called in forma pauperis status.

The complaint asserted breach-of-contract claims arising from investments that Cardell-Smith allegedly made with the defendants. The opinion does not decide whether those claims were valid.

Three-Strikes Rule

The Prison Litigation Reform Act generally bars a prisoner from proceeding without prepaying fees if the prisoner previously had three or more qualifying actions or appeals dismissed as frivolous, malicious, or for failure to state a claim. The law contains an exception when the prisoner is in imminent danger of serious physical injury.

The court noted that a prior related proceeding had already recognized Cardell-Smith as barred from filing new civil actions without prepaying fees while incarcerated. The court further found that this complaint did not show imminent danger of serious physical injury. Because the exception did not apply, Cardell-Smith could not proceed without prepaying the filing fee.

Rulings

The court denied Cardell-Smith’s request to proceed without prepaying fees and dismissed the complaint without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The opinion states that he may start a new action by paying the filing fees.

The court certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. It directed the Clerk of Court to enter judgment. The court did not reach the merits of the breach-of-contract claims.