Drones v. Harris Publication, Inc.

Background

Jesse Lee Drones filed the action without a lawyer and asked to proceed without paying the filing fee. The court had previously ordered him to explain why it should not bar him under 28 U.S.C. § 1915(g). That statute, part of the Prison Litigation Reform Act, limits a prisoner’s ability to file actions without paying the filing fee after three or more prior cases were dismissed as frivolous, malicious, or for failing to state a claim.

Drones submitted an affirmation on January 15, 2020. The court concluded that it did not give a sufficient reason to avoid the bar. The opinion does not identify the three prior cases.

Rulings

The court imposed the bar under § 1915(g). While he is a prisoner, Drones is barred from filing future actions without paying the filing fee in this court unless he is under an imminent threat of serious physical injury.

The court denied Drones’s request to proceed without paying the filing fee and dismissed the complaint without prejudice under the three-strikes rule. The opinion states that Drones may begin a new action by paying the filing fee; that action would be reviewed under 28 U.S.C. § 1915A, which requires screening of a prisoner’s civil-rights complaint.

The court also certified that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. It warned that frivolous filings could lead to additional sanctions, including monetary penalties. Judge Colleen McMahon signed the order.