Wells v. John/Jane Doe
- Laura Swain
- 1:23-cv-01225
- U.S. District Court · Southern District of New York
- 5
In Wells v. John/Jane Doe, Chief Judge Swain ordered Wells to show imminent danger or pay filing fees before proceeding.
Carl D. Wells, an incarcerated plaintiff seeking to proceed without prepaying filing fees; the action names John/Jane Doe as defendants.
What happened
In Wells v. John/Jane Doe, Carl D. Wells, who is incarcerated, sought to pursue a civil case without paying filing fees. The court said he is barred from doing that under the Prison Litigation Reform Act’s rule limiting prisoners with at least three qualifying prior dismissals, unless they face an imminent danger of serious physical injury.
The order gives Wells 30 days to show that he was in such danger when he filed his case or to pay $402 in filing fees. The court said his letter, which raised concerns about medical treatment since June 2019, did not appear to show the required imminent danger.
Chief Judge Laura Taylor Swain ordered Wells to take one of those steps. If he does not comply and cannot show good cause for the failure, the complaint will be dismissed without prejudice. The court also denied permission to appeal without prepaying fees, certifying that an appeal would not be taken in good faith.
The detailed version
- Wells v. John/Jane Doe · No. 1:23-cv-01225
- Laura Swain
- July 4, 2023
Background
Carl D. Wells, who the opinion says was incarcerated at Green Haven Correctional Facility, filed a letter raising claims about medical treatment "since June of 2019." The Clerk opened the letter as this civil action after an order in an earlier round of this case directed that it be treated as a new civil action.
The court stated that Wells is barred from filing new actions without prepaying fees while he is incarcerated. The court relied on the Prison Litigation Reform Act’s “three-strikes” rule, 28 U.S.C. § 1915(g). That rule generally prevents a prisoner from proceeding without prepaying fees after three or more earlier actions or appeals were dismissed as frivolous, malicious, or for failure to state a claim, unless the prisoner was under imminent danger of serious physical injury when the complaint was filed.
Order to Show Cause
The court directed Wells, within 30 days of the order, either to show that he was in imminent danger of serious physical injury or to pay $402 in filing fees. The order states that the medical-treatment allegations did not appear to establish the required imminent danger. It explains that imminent danger must exist when the complaint is filed; a danger that has ended by that time is not enough.
If Wells pays the filing fees, the court will review the complaint under 28 U.S.C. § 1915A. That screening provision requires dismissal of a prisoner’s civil-rights complaint if it is frivolous, malicious, or fails to state a claim, or if it seeks money from a defendant who is immune from that relief.
Disposition
Judge Laura Taylor Swain ordered Wells to show cause that he was in imminent danger of serious physical injury or pay the $402 filing fee within the stated 30-day period. The order states that, if he fails to comply and cannot show good cause for that failure, the complaint will be dismissed without prejudice under the three-strikes rule. The court did not dismiss the complaint in this order. It also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.