Taylor v. U.S. Kingdom Hall

Background

Eric Dexter Taylor brought the action while detained at the Otis Bantum Correctional Center. He proceeded without a lawyer and requested permission to proceed in forma pauperis, meaning without prepaying the filing fee. The opinion states that his claims appeared to concern, among other things, the music industry and payment of royalties.

Three-strikes rule

The Prison Litigation Reform Act generally prevents a prisoner from proceeding without prepaying the filing fee if the prisoner previously brought three or more federal actions or appeals while incarcerated or detained that were dismissed as frivolous, malicious, or for failure to state a claim. The exception is available when the prisoner is under imminent danger of serious physical injury.

The court relied on an earlier order that had already barred Taylor from proceeding without prepaying filing fees in new actions filed while he was a prisoner. That earlier order was based on three actions filed while Taylor was incarcerated that had been dismissed as frivolous. The court concluded that Taylor’s new complaint did not show that he faced imminent danger of serious physical injury.

Ruling

Chief Judge Laura Taylor Swain denied Taylor’s request to proceed without prepaying the filing fee under the Prison Litigation Reform Act’s three-strikes rule and dismissed the complaint without prejudice. The opinion states that Taylor may begin a new action by prepaying the filing fee; any such complaint would then be reviewed under the prisoner-screening statute. The court also certified that an appeal would not be taken in good faith and denied fee-waiver status for purposes of an appeal. Judgment was ordered to enter.