The Fifth Circuit granted Lancaster’s motion to proceed in forma pauperis but affirmed the district court’s dismissal of his Bivens claim because he failed to demonstrate that the remedy should be extended to this context. The court applied the standard for nonfrivolous appeals and, finding no error in the lower court’s refusal to expand Bivens, declined to address alternative bars like Heck or the statute of limitations. Consequently, the dismissal counts as a strike under 28 U.S.C. § 1915(g), warning Lancaster that three strikes will bar future IFP filings while incarcerated absent imminent danger.
Richard Dennis Lancaster Plaintiff— v. Anton Slavich; FNU Pinon Defendants—
The Fifth Circuit granted Lancaster's motion to proceed in forma pauperis but affirmed the district court's dismissal of his Bivens claim because he failed to demonstrate that the remedy should be extended to this context.