McCain v. Westchester County Jail

Background

Adrian McCain filed this action without a lawyer and requested permission to proceed without paying the filing fee, a status commonly called in forma pauperis. The court had previously determined that, while McCain was a prisoner, he had filed three or more federal civil actions or appeals that were dismissed as malicious, frivolous, or for failing to state a claim for relief.

Under 28 U.S.C. § 1915(g), those dismissals are “strikes.” A prisoner with three or more strikes generally may not proceed without paying the filing fee, unless the prisoner shows that he is in imminent danger of serious physical injury. On December 16, 2019, the court ordered McCain to show why the filing bar should not apply. The court received his declaration on January 10, 2020, but found that it did not provide a sufficient reason to avoid the bar.

Ruling

The court recognized McCain as barred under § 1915(g) from filing federal civil actions or appeals without paying the filing fee while he remains a prisoner, unless the imminent-danger exception applies. The court therefore denied McCain’s request to proceed without paying the filing fee and dismissed this action without prejudice.

The court warned that submitting frivolous documents could lead to additional sanctions, including monetary penalties. It directed the Clerk of Court to mail McCain a copy of the order and record service on the docket. The court 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 an appeal.