Davis v. Davis

Background

James Anthony Davis, who was incarcerated and representing himself, sued his parents, Hosie Davis, Jr. and Beulah Davis, under the court’s diversity jurisdiction. He alleged a history of neglect and physical, emotional, and sexual abuse directed at him during childhood and continuing into young adulthood. Davis asked to proceed without paying the filing fees, a status commonly called proceeding in forma pauperis.

Three-strikes rule

The Prison Litigation Reform Act generally bars a prisoner from proceeding without paying filing fees if the prisoner has had three or more earlier federal actions or appeals dismissed as frivolous, malicious, or for failing to state a claim. The exception applies when the prisoner shows that he was under imminent danger of serious physical injury when he filed the new action.

The court independently reviewed the earlier dismissal orders and determined that Davis had accumulated at least three qualifying strikes before filing this case. The opinion identifies earlier dismissals in federal courts in Nevada, Louisiana, and California. Davis did not appeal the earlier determination that he was barred by the three-strikes rule.

The court also found that Davis’s complaint did not allege facts showing that he faced imminent danger of serious physical injury at the time he filed it. The court therefore concluded that the three-strikes rule barred him from proceeding without paying the filing fees.

Ruling

The court denied Davis’s application to proceed without paying the filing fees and dismissed the action without prejudice under 28 U.S.C. § 1915(g). The court gave Davis 30 days from the date of the order to pay the required $400 in fees to bring the action. If he did not pay within that period, the court stated that it would enter a judgment dismissing the action without prejudice under the same provision. Judge Louis L. Stanton signed the order.