Background
Michael Hilliard, a Texas prisoner, filed an appeal from the dismissal of his civil rights complaint and requested to proceed in forma pauperis. The district court determined that Hilliard had already received three strikes under Section nineteen hundred fifteen of Title twenty-eight of the United States Code before filing his civil action. Hilliard argued he was under imminent danger of serious physical injury, but the district court found he could not establish this because he had been transferred from the facility where the alleged events occurred.
The court’s reasoning
The court reiterated that a prisoner subject to the three-strikes bar may not bring a civil action or appeal on an in forma pauperis basis unless they are under imminent danger of serious physical injury. The court noted that Hilliard continued to focus on events that allegedly occurred previously at the Stiles Unit, where he was no longer incarcerated. Because Hilliard failed to establish that he was under imminent danger of serious physical injury, his motion for leave to proceed in forma pauperis was denied. The court further determined that the facts surrounding the in forma pauperis decision were inextricably intertwined with the merits of the appeal, leading to the dismissal of the appeal as frivolous.
What it means going forward
The decision bars the prisoner from proceeding in forma pauperis in any civil action or appeal filed in a United States court while incarcerated, unless he is under imminent danger of serious physical injury. The court warned that future frivolous or repetitive filings may subject the prisoner to additional sanctions, including monetary sanctions and limits on access to the courts.