Dixon v. Marrero

Background

Echo Westley Dixon, who was incarcerated at Mohawk Correctional Facility, brought this action without a lawyer and did not pay the filing fee. The defendants were identified as Judge Marrero and Judge Sullivan. Dixon complained that certain public documents omitted his middle name and reasserted claims concerning his right to “remain secure in his Tripartite Christian name.”

Prisoner three-strikes rule

Under 28 U.S.C. § 1915(g), a prisoner generally cannot file a civil action without paying the filing fee if the prisoner has had three or more earlier actions or appeals dismissed as frivolous, malicious, or failing to state a claim. An exception applies when the complaint shows that the prisoner faced an imminent danger of serious physical injury when the complaint was filed.

The court stated that Dixon was already barred from filing new actions without paying the fee while incarcerated, based on an earlier order that identified qualifying dismissals. The court found that Dixon’s allegations about the omission of his middle name did not show an imminent danger of serious physical injury.

Ruling

Judge Colleen McMahon ruled that Dixon could not proceed without paying the filing fee and dismissed the complaint without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The court stated that Dixon remained barred from filing future actions without paying the fee while incarcerated unless he faced an imminent threat of serious physical injury. The order noted that Dixon could begin a new action by paying the filing fee; that action would be screened under 28 U.S.C. § 1915A. The court also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.