Peoples v. Machuca

Background

Timothy Peoples, a California state prisoner proceeding without a lawyer, brought a civil-rights lawsuit under 42 U.S.C. § 1983 seeking damages for alleged violations of his civil rights. He also asked to proceed in forma pauperis, meaning without paying the filing fee at the start of the case.

Three-strikes issue

The Prison Litigation Reform Act generally prevents a prisoner from proceeding without paying the filing fee if the prisoner has had three or more earlier federal actions or appeals dismissed as frivolous, malicious, or for failing to state a legally sufficient claim. An exception applies when the prisoner is under imminent danger of serious physical injury.

The court reviewed dismissal orders from Peoples’s earlier prisoner cases in the Central District of California and identified at least three dismissals that it believed could count under this rule. The court also noted that the Central District had dismissed at least two later prisoner actions because Peoples was barred from proceeding without paying the filing fee under the same rule. The court stated that Peoples did not appear to be under imminent danger of serious physical injury.

Order

The court did not yet dismiss the case or deny the fee-waiver request. Instead, it ordered Peoples to show cause in writing within 28 days why his request to proceed without paying the filing fee should not be denied and why the action should not be dismissed under 28 U.S.C. § 1915(g). The order stated that Peoples could avoid dismissal by paying the $400 filing fee. It further stated that failure to respond on time or pay the full fee would result in dismissal without further notice. The court also said it would continue reviewing future actions filed by Peoples while he is incarcerated and seeks to proceed without paying the filing fee.