Jackson v. Schnell

Background

Tony Dejuan Jackson brought a civil-rights action under 42 U.S.C. § 1983 against Paul Schnell and Guy Bosch. Jackson also asked to proceed without paying the entire filing fee in advance and asked the court to consolidate this case with another action he had filed.

On February 3, 2023, the court denied Jackson’s request to proceed without prepaying the filing fee. The court had concluded that Jackson had accumulated three qualifying prior dismissals under 28 U.S.C. § 1915(g), commonly called the three-strikes rule, and that his original complaint did not allege that he faced an immediate danger of serious physical injury. The court gave him 21 days to pay the filing fee or face a recommendation that the case be dismissed without prejudice for failure to prosecute.

Amended complaint and filing fee

Jackson did not pay the filing fee. Instead, he filed a motion to consolidate and an amended complaint. The court permitted the amendment, making the amended complaint the operative pleading—the version governing the case going forward.

The amended complaint added allegations that conditions involving airborne lead dust at the Minnesota Correctional Facility–Stillwater had caused present medical problems, including headaches, muscle pain, holes in his teeth, a bloody nose, eye-socket pain, white slime on his gums, and nausea. The court concluded that these allegations sufficiently showed an immediate danger of serious physical injury under the exception to the three-strikes rule. The court therefore vacated its February 3, 2023 order and allowed Jackson to proceed without prepaying the full filing fee.

Because Jackson is a prisoner, proceeding without prepaying the fee did not eliminate the filing-fee obligation. Under the Prison Litigation Reform Act, the court calculated an initial partial filing fee as 20 percent of the greater of the average monthly deposits or average monthly balance in his account during the preceding six months. The average balance was $645.51, which exceeded the average monthly deposits of $352.55. The court therefore assessed an initial partial filing fee of $129.10.

The order required Jackson to pay at least $129.10 within 20 days. If he proceeded, the remaining balance of the $350 statutory filing fee would be collected in later installments from his trust account, regardless of whether he ultimately succeeded. If he did not pay the initial partial fee within 20 days, the court would deem him to have abandoned the action and recommend dismissing it without prejudice for failure to prosecute.

Consolidation request

Jackson asked the court to combine this case with another case, identified in the order by docket number 22-CV-3034. Federal Rule of Civil Procedure 42(a)(1) permits consolidation when cases involve a common question of law or fact.

The court denied the consolidation motion. Although the cases had one common defendant, this case concerned the Minnesota Correctional Facility–Stillwater’s ventilation system and the possible health effects of airborne lead dust. The other case challenged Minnesota statutes that bar felons from voting. The court found no obvious legal or factual overlap and concluded that consolidation was unnecessary.

Disposition

The court vacated the February 3, 2023 order, assessed Jackson an initial partial filing fee of at least $129.10 due within 20 days, and denied the motion to consolidate. The order did not decide the merits of Jackson’s civil-rights claims. Judge Tony N. Leung signed the order as a United States Magistrate Judge for the District of Minnesota.