Jeremy Allen, a Texas prisoner, and Tamara La Salle Allen, a private litigant, appealed a district court dismissal of their civil action against Navy Federal Credit Union. The district court had dismissed the underlying complaint for failure to state a claim. On appeal, the Allens sought leave to proceed in forma pauperis, challenging the district court's certification that the appeal was not taken in good faith. Their appellate filings contained a plethora of repetitive and nonsensical claims.
The panel, writing per curiam, held that the Allens failed to show that their appeal presented any nonfrivolous legal issues. Citing Baugh v. Taylor and Howard v. King, the court noted that while the appellants raised many claims, they were repetitive and nonsensical. Consequently, the court denied the motion for leave to proceed in forma pauperis and dismissed the appeal as frivolous. The court further clarified that because Jeremy Allen was incarcerated when he filed the complaint and appeal, both the district court's dismissal and this court's dismissal count as strikes under 28 U.S.C. § 1915(g).
Jeremy Allen now has two strikes under the three-strikes rule. If he accumulates a third strike, he will be permanently barred from proceeding in forma pauperis in any future civil action or appeal filed while incarcerated, unless he can demonstrate imminent danger of serious physical injury. The appeal is dismissed, and all other pending motions are denied.
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