Fulton v. Capra

Background

Alvin Fulton filed the action without a lawyer and requested permission to proceed without paying the filing fee. The court had previously determined that, while a prisoner, Fulton had filed three or more cases dismissed as frivolous, malicious, or for failing to state a claim. Under 28 U.S.C. § 1915(g), commonly called the Prison Litigation Reform Act's “three-strikes” rule, a prisoner with three such dismissals generally may not proceed without paying the filing fee unless the complaint shows an imminent threat of serious physical injury.

The court ordered Fulton to explain by declaration why the filing-fee bar should not apply. Fulton submitted a letter and declaration, but the court found that they did not provide enough reason to avoid the bar. The court also found that neither the complaint nor the later submissions suggested an imminent threat of serious physical injury. It noted that Fulton's claims arose from a past incident at a facility where he no longer resided and that the claims had no stated connection to such an imminent threat.

Rulings

Judge Colleen McMahon ruled that the three-strikes bar applied. The court denied Fulton's request to proceed in forma pauperis (without paying the filing fee) in this action and dismissed the complaint under 28 U.S.C. § 1915(g), without prejudice to refiling. The opinion states that Fulton may start a new action by paying the filing fee; that action would then be reviewed under the prisoner-complaint screening statute, 28 U.S.C. § 1915A.

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 purposes of an appeal. The opinion warns that filing frivolous documents could lead to additional sanctions, including monetary penalties. The order did not decide the underlying claims on their merits.