Barth v. Vega

Background

Shawn Damon Barth, identified as a state prisoner and frequent federal litigant, filed a civil-rights action under 42 U.S.C. § 1983 and applied to proceed without paying the filing fee. The court issued an order requiring him to show why the prisoner filing restriction in 28 U.S.C. § 1915(g) should not apply.

Section 1915(g) generally prevents a prisoner from proceeding without paying the filing fee after three or more prior federal actions or appeals were dismissed as frivolous, malicious, or for failing to state a claim. The court identified three earlier federal actions involving Barth that appeared to qualify as such dismissals. The court also gave him an opportunity to challenge whether those dismissals counted, show that he faced an imminent danger of serious physical injury, pay the filing fee, or otherwise explain why the case should not be dismissed.

Court’s reasoning

Barth did not file a proper response to the order to show cause. He did not pay the filing fee, demonstrate that any of the three prior dismissals failed to qualify under section 1915(g), establish that the imminent-danger exception applied, or otherwise show why the action should continue. The court therefore imposed the filing restriction and denied his applications to proceed without paying the filing fee.

Disposition

Judge William H. Orrick ordered that Barth’s federal civil-rights action be dismissed without prejudice to filing his claims in a new paid complaint. The court denied the applications to proceed without paying the filing fee, directed the clerk to terminate pending motions, entered judgment in favor of the defendant, and closed the file.