Belt v. Chief U.S. Marshal
3:16-cv-00862
N.D. Tex.Apr 6, 2016Background
- Plaintiff Tariq Belt, a federal inmate, filed a pro se civil rights complaint and motions to proceed in forma pauperis and to expedite.
- Belt has an extensive federal filing history (approx. 20 civil-rights and 38 habeas/mandamus cases).
- Several prior federal courts had found Belt had accrued at least three "strikes" under 28 U.S.C. § 1915(g).
- In this action Belt sued the Chief U.S. Marshal, the Elkton BOP Warden, and the DSCC Director in their personal capacities, seeking damages for alleged errors in sentence calculation.
- The magistrate judge found the complaint contained no allegation that Belt was in imminent danger of serious physical injury at the time of filing.
- Recommendation: deny in forma pauperis and expedite motions; dismiss the action as barred by the PLRA three-strikes rule with prejudice to refiling IFP on the same claims (permissible to refile with full $400 fee).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Belt may proceed IFP despite prior dismissals under 28 U.S.C. § 1915(g) | Belt filed claims challenging sentence calculations and sought IFP status to pursue damages | Defendants rely on § 1915(g) — Belt has three or more prior qualifying dismissals, barring IFP absent imminent danger | Denied IFP: Belt has three strikes and may not proceed IFP because complaint alleges no imminent danger of serious physical injury |
| Whether the complaint alleges imminent danger sufficient to avoid § 1915(g) bar | Belt did not allege threats or risk of imminent physical harm — focused on sentence computation errors | Defendants contend absence of imminent physical danger prevents exception to § 1915(g) | Held no imminent danger alleged; exception inapplicable; case dismissed (with option to refile by paying full fee) |
Key Cases Cited
- Jackson v. Johnson, 475 F.3d 261 (5th Cir.) (three-strikes PLRA framework)
- Banos v. O'Guin, 144 F.3d 883 (5th Cir.) (imminent-danger exception to § 1915(g))
- Douglass v. United Services Automobile Ass'n, 79 F.3d 1415 (5th Cir.) (standards for objections to magistrate judge reports)