Tapp v. Figueroa

Background

Sean E. Tapp, who was incarcerated at Five Points Correctional Facility, brought this action without a lawyer. He had not prepaid the filing fee and had not filed an application to proceed in forma pauperis (IFP), meaning without prepaying the filing fee. The court assumed that he was seeking IFP status.

Three-strikes rule

The court held that Tapp was barred under 28 U.S.C. § 1915(g) from filing a new action IFP while incarcerated. That provision generally bars a prisoner who has had three or more prior federal actions or appeals dismissed as frivolous, malicious, or for failure to state a claim, unless the prisoner shows an imminent danger of serious physical injury.

Tapp’s complaint alleged that “the court has allowed itself to engage in world[-]wide corruption of every state of judicial practice, allowing the economic exploitation of financially or educationally disadvantage[d] defendants.” The court found that these allegations did not show an imminent danger of serious physical injury. It therefore concluded that Tapp could not bring this action without prepaying the filing fee.

Disposition

The court dismissed the complaint without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The order stated that Tapp remained barred from filing future actions IFP while in custody unless he faced an imminent threat of serious physical injury. It also stated that he could commence a new action by paying the filing fee, after which the complaint would be reviewed under 28 U.S.C. § 1915A.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied IFP status for purposes of an appeal. Judge Colleen McMahon ordered the Clerk of Court to mail Tapp a copy of the order and note service on the docket.