Tapp v. Goodman

Background

Sean E. Tapp, who was incarcerated at Five Points Correctional Facility and proceeding without a lawyer, filed this action against Budd G. Goodman. Tapp did not pay the filing fee and did not submit an application to proceed without paying it. The court therefore treated the filing as a request for that fee waiver.

Three-strikes rule

The court applied 28 U.S.C. § 1915(g), part of the Prison Litigation Reform Act. That provision generally prevents a prisoner from proceeding without paying filing fees after three or more earlier cases or appeals were dismissed as frivolous, malicious, or for failure to state a claim. An exception applies when the prisoner faces an imminent danger of serious physical injury.

The court stated that Tapp was barred by this rule and that his complaint did not allege an imminent danger of serious physical injury. The allegations that the court had permitted corruption and economic exploitation did not satisfy the exception. The court explained that Tapp could bring a new action by paying the filing fee, after which the complaint would be reviewed under the statute governing screening of prisoner civil-rights complaints.

Disposition

The court dismissed the complaint without prejudice under the three-strikes rule. It also stated that Tapp remains barred from proceeding without paying filing fees in future actions while in custody unless he alleges an imminent threat of serious physical injury. The court certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The order was signed by Chief United States District Judge Colleen McMahon.