Keyes v. Hess, 2:17-cv-00692

Pro se incarcerated plaintiff Keysean L. Keyes filed five new civil complaints in Feb 2017 and sought in forma pauperis (IFP) status for each.
The court noted Keyes already had at least three prior cases dismissed as frivolous or for failure to state a claim under 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b), thus accumulating three "strikes."
None of the new complaints alleged that Keyes faced imminent danger of serious physical injury.
Under the Prison Litigation Reform Act (PLRA) § 1915(g), a prisoner with three or more qualifying dismissals cannot proceed IFP unless facing imminent danger.
The court denied Keyes’s IFP applications for all five new complaints, directed payment of the $350 filing fee for each within 14 days, and warned failure to pay would result in dismissal.
The court also certified that any appeal would not be taken in good faith and denied IFP status for appeal under the standard set in Coppedge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Keyes may proceed IFP despite having three prior dismissals (PLRA § 1915(g))	Keyes sought IFP status for five new complaints (no claim of imminent danger)	Court applied § 1915(g): three prior dismissals bar IFP absent imminent danger	Denied IFP for all new complaints; Keyes must pay filing fees or cases dismissed
Whether IFP should be allowed for appeal	Keyes sought IFP for any appeal	Court evaluated good-faith requirement for appeals under Coppedge	Court certified appeal would not be in good faith and denied IFP for appeal

Coppedge v. United States, 369 U.S. 438 (1962) (appeal in forma pauperis requires a finding that the appeal is taken in good faith)