Jackson v. Schnell

Background

Tony Dejuan Jackson, a prisoner, sued Paul Schnell and the other named defendants, alleging violations of his constitutional rights. He first asked to proceed without prepaying the district-court filing fee. A magistrate judge denied that request after finding that Jackson had accumulated three qualifying dismissals under 28 U.S.C. § 1915(g), commonly called the “three-strikes” rule. Jackson then paid the $402 filing fee.

The magistrate judge later recommended dismissing the action without prejudice, meaning the dismissal did not bar refiling. The district court adopted that recommendation, and judgment was entered on November 21, 2022. On December 6, 2022, Jackson applied to proceed without prepaying fees on appeal.

Analysis

The court explained that § 1915(g) generally prevents a prisoner from appealing a civil judgment without prepaying fees when the prisoner has previously brought at least three cases or appeals that were dismissed as frivolous, malicious, or for failure to state a claim. The exception applies when the prisoner is under imminent danger of serious physical injury.

The court found that more than three prior cases filed by Jackson had been dismissed on qualifying grounds. It also found that Jackson’s application did not establish that he was under imminent danger of serious physical injury. The statute therefore barred him from proceeding without prepaying fees on appeal.

Ruling

Judge Wilhelmina M. Wright denied Jackson’s application to proceed without prepaying fees on appeal. The court also directed the clerk to notify the United States Court of Appeals for the Eighth Circuit that the application had been denied. This order addressed the fee application and did not decide the merits of Jackson’s constitutional claims.