Antrobus v. Unified Court System

Background

Andre Antrobus, who was detained on Rikers Island, filed the action without a lawyer and asked to proceed without prepaying the filing fee. The complaint named Unified Court System, Department of Corrections, Rikers Island, and other defendants. Among other requested relief, Antrobus sought an injunction concerning health care.

Three-strikes rule

The Prison Litigation Reform Act generally prevents a prisoner from proceeding without prepaying the filing fee if the prisoner has had three or more earlier federal actions or appeals dismissed as frivolous, malicious, or for failing to state a claim. An exception applies when the prisoner shows that he is under an imminent danger of serious physical injury.

The court stated that Antrobus was already barred from filing new actions without prepaying fees while imprisoned, based on an order in a prior related proceeding. The court found that his complaint did not show that he was in imminent danger. Because the complaint’s allegations were vague, the court had given Antrobus an opportunity to allege facts showing such danger. He did not respond to that order.

Ruling

Judge Louis L. Stanton denied Antrobus’s request to proceed without prepaying the filing fee and dismissed the complaint without prejudice under the Prison Litigation Reform Act’s three-strikes rule, citing 28 U.S.C. § 1915(g). The order stated that Antrobus could commence a new action by paying the filing fee. It also stated that he remained barred from filing future actions without prepaying fees while imprisoned unless he was under an imminent threat of serious physical injury. A new complaint filed after payment of the fee would be reviewed under the prisoner-screening statute, 28 U.S.C. § 1915A.