Jones v. The City of New York Department of Corrections

Background

Rafael Arden Jones, Sr. filed this action without paying the filing fee and represented himself. The opinion states that he was detained at the Anna M. Kross Center. His complaint described events related to pending criminal proceedings, alleged that he was a candidate for the 2024 U.S. presidential election, and alleged that he missed several court dates in 2021 because he had been labeled as quarantined. It also stated that his defense counsel asked to be relieved after learning that Jones had sued him.

Three-strikes rule

The Prison Litigation Reform Act, 28 U.S.C. § 1915(g), generally prevents a prisoner from starting a civil action or appeal without paying the filing fee after three earlier actions or appeals were dismissed as frivolous, malicious, or for failing to state a claim. An exception applies when the prisoner is under an imminent danger of serious physical injury. The court relied on an earlier order stating that Jones was subject to this three-strikes bar. The court explained that imminent danger must exist when the complaint is filed and found that Jones’s complaint did not show such danger.

Ruling

The court denied Jones’s application to proceed without paying the filing fee and dismissed the action without prejudice under the PLRA’s three-strikes rule. The dismissal without prejudice means the order did not state that refiling was permanently barred, but the court said Jones remains barred from filing future civil actions without paying the filing fee while he is a prisoner unless he is under an imminent threat of serious physical injury. The court also noted that, under 28 U.S.C. § 1651, Jones is barred from filing any new action without paying the filing fee unless he first obtains permission from the court. Finally, the court certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judge Laura Taylor Swain signed the order.