Taylor v. All Companys & Names

Background

Christopher Taylor, who was incarcerated at Colorado State Penitentiary, filed the action without a lawyer. He asked to proceed without prepaying the filing fee, a request commonly called proceeding in forma pauperis. Taylor did not file a complaint. On his filing-fee application, he listed the defendants as “All Companys and Names” and checked a box stating that he faced an imminent danger of serious physical injury. He described that danger as “National & Homeland Security Threat plus obstructing justice of communication.”

Three-Strikes Rule

The Prison Litigation Reform Act prevents a prisoner from bringing a civil action without prepaying the filing fee when the prisoner has, at least three times while incarcerated or detained, had an action or appeal dismissed as frivolous, malicious, or failing to state a legally sufficient claim. An exception applies when the prisoner is under an imminent danger of serious physical injury.

The court relied on an order in a prior related proceeding that identified Taylor’s qualifying dismissals. The court concluded that Taylor was barred from proceeding without prepaying the filing fee. It also concluded that Taylor had not shown an imminent danger of serious physical injury. The opinion explains that an imminent danger must exist when the action is filed.

Ruling

Judge Laura Taylor Swain denied Taylor’s request to proceed without prepaying the filing fee, and the complaint was dismissed without prejudice under the Prison Litigation Reform Act’s three-strikes rule. The court stated that Taylor remains barred from filing future actions without prepaying fees while he is in custody unless he faces an imminent threat of serious physical injury.

The court certified that an appeal from the order would not be taken in good faith and denied fee-free status for an appeal. The Clerk of Court was directed to enter judgment. The opinion states that Taylor may start a new action by paying the filing fee, after which any complaint would be reviewed under the prisoner-screening statute.