Drones v. Harris Publication, Inc.

Background

Jesse Lee Drones, who was incarcerated and represented himself, filed this civil action against Harris Publication, Inc. He asked to proceed without paying the filing fees. The court issued an order requiring him to explain why the Prisoner Litigation Reform Act (PLRA) did not bar him from proceeding without paying.

Three-strikes rule

The PLRA generally prevents a prisoner from filing a civil action without paying the filing fee if, on three or more earlier 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. An exception applies when the prisoner was in immediate danger of serious physical injury when the complaint was filed.

The court determined that Drones had accumulated at least three qualifying strikes before filing this action. The opinion identified four earlier dismissals, including dismissals for frivolousness and for failure to state a claim. The court also noted that Texas federal courts had previously held that Drones was barred from proceeding without paying under the three-strikes rule.

Court’s analysis

The court stated that Drones’s complaint did not allege facts showing that he faced an immediate danger of serious physical injury when he filed it. The complaint sought enforcement of a money judgment and was described as unclear, but the court found no suggestion of the required immediate physical danger.

Ruling

The court denied Drones’s application to proceed without paying the filing fee and dismissed the action without prejudice under the PLRA’s three-strikes provision. The court granted Drones 30 days from the date of the order either to pay the $400 filing fee or to show cause—that is, explain—why the three-strikes rule did not bar him from proceeding without paying. The court also certified that an appeal from the order would not be taken in good faith and denied the ability to proceed without paying fees for an appeal.