Jackson v. The Fishkill Correctional Facility Staff and Supervisor…

Background

Ronald Jackson, who was incarcerated at Fishkill Correctional Facility, brought this action without a lawyer. He did not pay the filing fee or formally request permission to proceed without prepaying it. The court nevertheless treated the case as involving such a request. Jackson alleged that correctional staff at Fishkill had intercepted his mail.

Three-strikes rule

The court applied 28 U.S.C. § 1915(g), which generally prevents a prisoner from proceeding without prepaying filing fees after three or more prior federal actions or appeals were dismissed as frivolous, malicious, or for failing to state a claim. The court independently reviewed Jackson’s litigation history and found at least three qualifying dismissals, including dismissals for failure to state a claim and as frivolous.

Section 1915(g) contains an exception when the prisoner is in immediate danger of serious physical injury. The court found that Jackson’s allegation about intercepted mail did not show that he was in such danger when he filed the complaint.

Ruling

Judge Colleen McMahon directed the Clerk of Court to mail the order to Jackson and record service on the docket. The court dismissed the complaint without prejudice under the Prison Litigation Reform Act’s three-strikes rule. Jackson may commence a new action by prepaying the entire $350 filing fee. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying the appeal fee. The opinion states that any new complaint would be reviewed under the separate prisoner-screening statute, 28 U.S.C. § 1915A.