Perkins v. Previl
- Colleen McMahon
- 1:19-cv-09333
- U.S. District Court · Southern District of New York
- 2
In Perkins v. Previl, Judge McMahon barred Michael Perkins from future fee-free filings while imprisoned, subject to an imminent-danger exception.
Michael Perkins, who is barred from filing future federal civil actions without paying filing fees in the Southern District of New York while he is a prisoner, unless he is under imminent danger of serious physical injury.
What happened
In Perkins v. Previl, Michael Perkins filed the action without a lawyer and asked to proceed without paying filing fees. The court had previously denied that request and dismissed the action without prejudice.
The court had found that, while imprisoned, Perkins had filed at least three federal civil actions or appeals dismissed as malicious, frivolous, or legally insufficient. It ordered him to pay the fees or explain why the statutory filing bar did not apply, but he did neither.
Judge Colleen McMahon recognized that Perkins is barred from filing future federal civil actions without paying fees in this court while he is a prisoner, unless he faces imminent danger of serious physical injury. The court also denied fee-free status for any appeal from the order.
The detailed version
- Perkins v. Previl · No. 1:19-cv-09333
- Colleen McMahon
- Jan. 24, 2020
Background
Michael Perkins filed this action without a lawyer and applied to proceed without paying filing fees. On December 6, 2019, the court denied that application and dismissed the action without prejudice. The court also stated that, while Perkins had been a prisoner, he had filed three or more federal civil actions or appeals that were dismissed as malicious, frivolous, or for failure to state a legally sufficient claim.
The court ordered Perkins, within 30 days, either to pay the filing fees or to show why 28 U.S.C. § 1915(g) did not bar him from proceeding without paying fees. Perkins did not pay the fees and did not show cause.
Ruling
Under 28 U.S.C. § 1915(g), the court recognized Perkins as barred from filing future federal civil actions without paying filing fees in this court while he is a prisoner, unless he is under imminent danger of serious physical injury. The opinion states that Perkins may begin a new federal civil action as a prisoner by paying the required fees; any such complaint would then be reviewed under 28 U.S.C. § 1915A.
The court warned that submitting frivolous documents could lead to additional sanctions, including monetary penalties. It also certified under 28 U.S.C. § 1915(a)(3) that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. Judge Colleen McMahon entered the order.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.