Roberts v. Monterey County Jail

Background

David Roberts, identified as a former detainee at the Monterey County Jail and a current state prisoner, filed a civil-rights complaint under 42 U.S.C. § 1983 without a lawyer. He also applied to proceed without paying the filing fee upfront.

Potential filing-fee bar

The court discussed the Prison Litigation Reform Act’s “three-strikes” rule, 28 U.S.C. § 1915(g). That rule generally prevents a prisoner from proceeding without paying the filing fee if the prisoner previously brought at least three federal actions or appeals that were dismissed as frivolous, malicious, or for failing to state a legally sufficient claim, unless the prisoner faced an imminent danger of serious physical injury.

The court identified at least five earlier cases involving Roberts that appeared potentially to qualify as strikes. The listed cases were dismissed for failure to state a claim, or as frivolous, malicious, or for failure to state a claim. The court explained that Roberts had to receive notice and an opportunity to respond before the court could determine that the three-strikes rule barred his fee-free status.

Order

The court ordered Roberts to show cause within 28 days after the order was served why the case should not be treated as barred by the three-strikes rule and why his application to proceed without paying the fee upfront should not be denied, resulting in dismissal. Alternatively, Roberts could avoid possible dismissal by paying the full $402 filing fee within the deadline. The court stated that failing either to show cause or to pay the full fee may result in dismissal. This order did not itself dismiss the case or finally decide Roberts’s civil-rights claims. Magistrate Judge Robert M. Illman issued the order.