Lewis v. United Nations

Background

James D. Lewis filed this action against the United Nations and other named defendants, including the “District of Asia” and “YKTV Magazine.” He was incarcerated at Dixon Correctional Center and represented himself. Because he did not pay the $402 filing fee, the court treated his filing as a request to proceed without prepaying fees, commonly called in forma pauperis status.

Three-Strikes Rule

The Prison Litigation Reform Act’s three-strikes rule generally prevents a prisoner from bringing a civil action without prepaying the filing fee if, on three or more earlier occasions while incarcerated or detained, the prisoner brought an action or appeal that was dismissed as frivolous, malicious, or for failing to state a claim. An exception applies if the prisoner is in imminent danger of serious physical injury.

The court stated that Lewis was already barred from filing a new action without prepaying fees based on three qualifying prior dismissals. The court also found that his complaint did not show an imminent danger of serious physical injury. The opinion described the complaint as largely indecipherable and identified nothing in it suggesting that Lewis faced the required danger.

Disposition

The court denied Lewis’s request to proceed without prepaying fees and dismissed the complaint without prejudice under the three-strikes rule. Lewis may commence a new action by paying the filing fees, after which the complaint would be reviewed under the prisoner-screening statute. The court also stated that Lewis remains barred from proceeding without prepaying fees in future actions while he is in custody unless he faces an imminent threat of serious physical injury.

Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The Clerk of Court was directed to enter judgment.