United States District Court, D. Connecticut
RULING AND ORDER
A. BOLDEN, UNITED STATES DISTRICT JUDGE.
Anderson (“Mr. Anderson” or
“Plaintiff”), currently incarcerated at the
Osborn Correctional Institution in Somers, Connecticut, filed
a motion to proceed in forma pauperis and a civil
rights Complaint against Commissioner Scott Semple, Wardens
Kimberly Weir, William Faneuff, and Antonio Santiago, and
Director of Parole and Community Services Joseph Haggan. ECF
Nos. 1, 2. On May 10, 2017, the Court granted Mr. Anderson
leave to proceed in forma pauperis. ECF No. 13. For
the reasons set forth below, the Court vacates the order
granting Mr. Anderson leave to proceed in forma
pauperis and denies the motion for leave to proceed
in forma pauperis.
Prison Litigation Reform Act amended the statute governing
proceedings filed in forma pauperis. In
relevant part, Section 804(d) of the Prison Litigation Reform
Act amended 28 U.S.C. § 1915 by adding the following
(g) In no event shall a prisoner bring a civil action or
appeal a judgment in a civil action or proceeding under this
section if the prisoner has, on 3 or more prior occasions,
while incarcerated or detained in any facility, brought an
action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or
fails to state a claim upon which relief may be granted,
unless the prisoner is under imminent danger of serious
recently become apparent to the Court that this provision of
the Prison Litigation Reform Act requires the denial of Mr.
Anderson's motion to proceed in forma pauperis.
Mr. Anderson previously has had three cases dismissed as
frivolous. See Anderson v. Matos, 3:05-cv-1669 (PCD)
(complaint dismissed for failure to state claim on November
21, 2005, and court declined to reopen case because amended
complaint failed to state claim on December 20, 2005);
Anderson v. Chief Court Administrator, et al.,
3:14-cv-1691 (JBA) (complaint dismissed as frivolous,
malicious or for failure to state claim on December 23,
2014); and Anderson v. Commissioner Scott Semple, et
al., 3:15-cv-764 (AVC) (amended complaint dismissed as
frivolous, malicious or for failure to state claim on January
Anderson signed the Complaint on February 10, 2017, and the
Clerk received it for filing in this action on February 21,
2017. ECF No. 1. Because the three-strikes provision applies
in this case, Mr. Anderson may not bring the present action
without pre-payment of the filing fee, absent allegations of
“imminent danger of serious physical injury.”
See Pettus v. Morgenthau, 554 F.3d 293, 297 (2d Cir.
2009) (holding that an “indigent three-strikes prisoner
[may] proceed IFP in order to obtain a judicial remedy for an
Anderson must meet two requirements. He must show (1) the
imminent danger of serious physical injury he alleges is
fairly traceable to unlawful conduct alleged in the complaint
and (2) that a favorable judicial outcome would redress the
injury. See Id. at 296-97. In addition, the danger
of imminent harm must be present at the time the complaint is
filed. See Id. at 296.
Anderson asserts claims related to his re-incarceration on
violation of parole charges in April and November 2016 and
his confinement at Hartford Correctional Center as of
February 10, 2017, without the opportunity to post bail to
secure his release. For relief, Mr. Anderson seeks release
from confinement and monetary damages.
Anderson does not allege that he faced imminent danger of
harm at the time he filed this action. Thus, the exception to
28 U.S.C. § 1915(g) is not applicable. Accordingly, the
motion to proceed in forma pauperis is denied.
Order granting Mr. Anderson's Application to Proceed
In Forma Pauperis, ECF No. 13, is
Clerk is directed to contact the Connecticut Department of
Correction and request that any funds collected from Mr.
Anderson's inmate account under Mr. Anderson's
Prisoner Authorization Form be returned to Mr.
Anderson. No further funds shall be collected from
Mr. Anderson's prisoner account under the Prisoner
Anderson's Application to Proceed In Forma
Pauperis, ECF No. 2, is DENIED under 28
U.S.C. § 1915(g). The pending motions, ECF Nos. 8, 9,
14, 16, are DENIED without prejudice.
further proceedings in this matter shall be held in abeyance
for twenty (20) days pending Mr. Anderson's delivery of
the filing fee in the amount of $400.00 (cash, bank check or
money order made payable to the Clerk of Court) to the
Clerk's Office, 915 Lafayette Boulevard, Bridgeport, CT
06604. Failure to tender the filing fee ...