Bennett v. Costa

Background

Donald Mack Bennett, who was incarcerated at Wyoming Correctional Facility and proceeding without a lawyer, filed this action against Detective Martin Costa, # 405, and other defendants. Bennett asked to proceed in forma pauperis, meaning without prepaying the filing fees. The opinion states that his claims arose from his arrest, criminal proceedings, and detention from 2021 to 2022.

Three-strikes rule

The Prison Litigation Reform Act, 28 U.S.C. § 1915(g), generally bars a prisoner from proceeding without prepaying fees if the prisoner has had three or more prior federal actions or appeals dismissed as frivolous, malicious, or failing to state a claim. The exception applies when the prisoner is under imminent danger of serious physical injury.

The court stated that an earlier order had already barred Bennett from filing new federal civil actions without prepaying fees while he was a prisoner. The court also independently reviewed Bennett’s earlier cases and found that he had three or more dismissals that qualified under Section 1915(g). The court further found that Bennett’s new complaint did not show imminent danger of serious physical injury.

Ruling

Chief United States District Judge Laura Taylor Swain denied Bennett’s request to proceed without prepaying fees. The court dismissed the complaint without prejudice under the three-strikes rule. The order states that Bennett remains barred from filing future actions without prepaying fees while he is in custody unless he is under imminent threat of serious physical injury. It also states that a prisoner subject to the bar may begin a new action by paying the filing fees.

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and denied fee-free status for purposes of an appeal. The Clerk of Court was directed to enter judgment.