Dorsey v. Royce

Background

Leroy J. Dorsey, who was incarcerated at Green Haven Correctional Facility and represented himself, sued Mark Royce—Warden and other defendants. He asked to proceed without prepaying the filing fee, a status commonly called proceeding without payment of fees.

Dorsey alleged that the defendants violated his rights at Green Haven from January through October 2019. The opinion also refers to a letter in which Dorsey requested a transfer and said that his life was in danger, but the court found that he alleged no facts showing an imminent danger of serious physical injury when he filed this action.

Three-Strikes Rule

Under 28 U.S.C. § 1915(g), a prisoner who has had three or more prior federal actions or appeals dismissed as frivolous, malicious, or for failure to state a claim generally may not file a new action without paying the filing fee. The exception applies when the prisoner is under an imminent danger of serious physical injury. The court stated that a prior related proceeding had already barred Dorsey from filing new actions without paying fees while incarcerated, and that this case did not meet the imminent-danger exception.

Ruling

The court denied Dorsey’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. Because the dismissal was without prejudice, the opinion states that Dorsey may commence a new action by paying the filing fees; that complaint would then be subject to prisoner screening under 28 U.S.C. § 1915A. The court also certified that an appeal would not be taken in good faith and denied fee-free status for an appeal. The court did not decide whether Dorsey’s underlying allegations against the defendants were legally valid.