Magee v. Cantil-Sakauye

Background

Ruchell C. Magee, identified as a state prisoner and frequent federal litigant, filed a civil-rights action under 42 U.S.C. § 1983. He also asked to proceed in forma pauperis, meaning to pursue the case without paying the filing fee upfront. The opinion states that Magee alleged Tani Cantil-Sakauye, the Chief Justice of California, hindered his access to the courts.

Prisoner-filing rule

Under 28 U.S.C. § 1915(g), a prisoner generally may not proceed without prepaying the filing fee if, on three or more prior occasions while incarcerated or detained, the prisoner brought an action or appeal that was dismissed as frivolous, malicious, or for failing to state a claim. The exception applies when the prisoner is under imminent danger of serious physical injury.

The court listed at least three prior prisoner actions or appeals involving Magee that had been dismissed on grounds covered by § 1915(g). The order listed ten dismissals, including dismissals for failure to state a cognizable claim, frivolousness, maliciousness, and duplicative claims. The court also stated that Magee did not appear to be under imminent danger of serious physical injury.

Order

The court ordered Magee to show cause—meaning to explain—by September 1, 2021, why § 1915(g) should not bar his request to proceed without prepaying the fee and why the action should not be dismissed under that statute. The order gave Magee an alternative: he could avoid dismissal by paying the full $402 filing fee by the same deadline.

The order did not itself deny fee-waiver status or dismiss the action. It stated that failure to submit a response by the deadline, or failure to pay the full filing fee, would result in dismissal of the action without prejudice to bringing the claims in a new paid complaint. Judge William H. Orrick signed the order.