Jean-Louis v. Country of North Korea

Background

Joseph W. Jean-Louis, who was incarcerated at the North Infirmary Command on Rikers Island, brought this action without a lawyer. He did not file a request to proceed without paying filing fees, submit prisoner authorization, or pay the filing fees. Because he had not paid the fees, the court treated the filing as a request to proceed without fees.

The complaint named Country of North Korea, Governor State of New York, National Guard, and Metropolitan Transportation as defendants. Jean-Louis alleged that the Governor was responsible for not having the New York National Guard stop and search every van, bus, and truck entering the United States from Canada. Part of the alleged destination in the complaint was illegible.

Reasoning

The Prison Litigation Reform Act generally prevents a prisoner from proceeding without paying filing fees after three or more earlier cases or appeals were dismissed as frivolous, malicious, or failing to state a claim. An exception applies if the prisoner shows an imminent danger of serious physical injury—meaning a danger existing when the complaint is filed.

The court relied on an order in a prior related proceeding that had identified Jean-Louis’s qualifying dismissals. It concluded that he was barred from filing this new action without paying fees. The court also concluded that the complaint did not show an imminent danger of serious physical injury. The opinion therefore resolved the filing-fee issue under the three-strikes rule rather than addressing the allegations’ underlying legal merits.

Ruling

Judge Laura Taylor Swain denied Jean-Louis’s request to proceed without paying filing fees and dismissed the complaint without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The dismissal without prejudice means the order did not bar him from commencing a new action by paying the filing fees. The court stated that he would remain barred from proceeding without fees while in custody unless he was under an imminent threat of serious physical injury.

The court certified that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. It directed the Clerk of Court to enter judgment.