Johnson v. O'Hagan-Wolfe

Background

Johnathan Johnson, who was incarcerated at Upstate Correctional Facility and was representing himself, sued Catherine O’Hagan-Wolfe, identified as a clerk, the Director of the Administrative Office of the United States Courts, and a case manager for the United States Court of Appeals for the Second Circuit. Johnson alleged that the defendants denied him access to the Second Circuit. He asked to proceed without paying the filing fee, a status commonly called proceeding as a person unable to prepay the fee.

Three-Strikes Rule

The Prison Litigation Reform Act, or PLRA, generally prevents a prisoner from filing a civil action without paying the filing fee if the prisoner previously brought at least three cases or appeals that were dismissed as frivolous, malicious, or legally insufficient. An exception applies when the prisoner faces an imminent danger of serious physical injury. The court stated that an earlier order had already determined that Johnson was barred from filing new actions without paying the fee. The court also found that Johnson’s complaint did not show an imminent danger of serious physical injury; instead, it alleged denial of access to the Second Circuit.

Ruling

The court denied Johnson’s request to proceed without paying the filing fee and dismissed the complaint without prejudice under the PLRA’s three-strikes rule. The court stated that Johnson could start a new action by paying the filing fee, after which the complaint would be reviewed under the prisoner-screening statute. While he remains in custody, he remains barred from filing future actions without paying the fee unless he is under an imminent threat of serious physical injury. Judge Laura Taylor Swain also certified that an appeal would not be taken in good faith and denied fee-free status for purposes of an appeal.