Taylor v. Biden
- Laura Swain
- 1:23-cv-09082
- U.S. District Court · Southern District of New York
- 4
In Taylor v. Biden, Judge Swain revoked Taylor’s fee waiver and dismissed the case without prejudice under the prisoner filing bar.
Christopher Taylor’s ability to proceed without prepaying fees in this federal action was affected. The order also directed that he not be charged this action’s filing fee or have money deducted from his prison account, while allowing a new action by paying the required fees.
What happened
Taylor v. Biden was brought by Christopher Taylor, who was incarcerated and represented himself. He sued 24 defendants and sought money damages, but the court focused on whether he could proceed without paying filing fees.
The court determined that Taylor had at least three prior cases or appeals dismissed for reasons covered by the Prison Litigation Reform Act’s filing bar. The court also found that his allegations did not show he faced an immediate danger of serious physical injury when he filed this case.
Judge Laura Taylor Swain revoked Taylor’s permission to proceed without prepaying fees and dismissed the action without prejudice. The court directed that Taylor not be charged the filing fee or have money deducted from his prison account, and denied fee-waiver status for an appeal.
The detailed version
- Taylor v. Biden · No. 1:23-cv-09082
- Laura Swain
- Jan. 8, 2024
Background
Christopher Taylor, who was incarcerated in Colorado and proceeding without a lawyer, sued 24 defendants. The defendants included President Joe Biden, federal agencies, Morgan Stanley, Microsoft, Starbucks, T-Mobile, national sports organizations, and musicians. Taylor alleged that the listed companies committed crimes and conspiracies, and he sought “17 trillion dollars plus 50 billion” in damages.
The court had previously allowed Taylor to proceed without prepaying the filing fee. It later determined in another case that Taylor had accumulated at least three prior dismissals or appeals that counted as “strikes” under the Prison Litigation Reform Act. That law generally prevents a prisoner with three qualifying strikes from starting a federal civil action without prepaying fees, unless the complaint shows an immediate danger of serious physical injury.
Court’s Analysis
The court reviewed Taylor’s allegations to determine whether the exception for immediate danger applied. It concluded that the allegations did not suggest that Taylor faced an immediate danger of serious physical injury when he filed the complaint. The court therefore applied the statutory filing bar. The opinion did not decide whether Taylor’s underlying allegations were legally or factually correct.
Ruling
Judge Laura Taylor Swain revoked Taylor’s status to proceed without prepaying fees and dismissed the action without prejudice under 28 U.S.C. § 1915(g). The dismissal without prejudice means the order did not state that refiling was permanently barred; the court explained that Taylor could start a new federal civil action by paying the required fees, subject to required prisoner-complaint screening. The court directed the Clerk not to charge Taylor the $350 filing fee in this action and directed that no money be deducted or held from his prison trust account for it.
The court also certified that an appeal would not be taken in good faith and denied Taylor permission to proceed without prepaying fees for an appeal. It directed the Clerk to enter judgment.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.