Taylor v. Watkins

Ct. of Appeals denied plaintiff-prisoner's request to proceed in forma pauperis (IFP) in appeal of Dist. Ct. order that denied similar request to proceed IFP in section 1983 action alleging that defendants-prison officials violated his civil rights by, among other things, contaminating his food and assaulting him. Denial of IFP was proper where plaintiff already had three strikes for purposes of 28 USC section 1915A in which Dist. Ct. had dismissed three prior lawsuits as being frivolous or failing to state valid cause of action. Moreover, while exception to three strike rule potentially existed for plaintiff who, as in this case, contended that he was in imminent danger of serious physical harm, Dist. Ct. could properly conduct hearing to find that plaintiff was not in imminent danger of serious physical harm once instant defendants had disputed plaintiff's contention.