211 F. Supp. 3d 148
D.D.C.2016Background
- Plaintiff Alexander Otis Matthews, a pro se prisoner, sued the FBI under FOIA seeking records about himself.
- FBI moved to dismiss for lack of payment of FOIA processing fee; Matthews later paid and the motion was denied as moot.
- Court set schedule for production of nonexempt records and for briefing on dispositive motions; Matthews objected to the FBI’s production.
- FBI moved for summary judgment and, in reply, raised that Matthews may be barred from proceeding in forma pauperis under the Prison Litigation Reform Act (PLRA) three‑strikes rule, citing prior dismissals.
- The Court reviewed Matthews’s prior federal litigation and identified at least four prior actions dismissed as frivolous or for failure to state a claim, constituting three or more strikes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Matthews may proceed in forma pauperis under 28 U.S.C. § 1915(g) | Matthews disputed the characterization of several prior dismissals as strikes (some allegedly corrected or pending). | FBI contended Matthews has multiple prior dismissals that count as strikes and urged dismissal without prejudice. | Court found at least four prior dismissals that qualify as strikes and dismissed the case without prejudice under § 1915(g). |
Key Cases Cited
- Harris v. City of New York, 607 F.3d 18 (2d Cir. 2010) (district courts may apply § 1915(g) sua sponte to protect dockets)
- Thompson v. DEA, 492 F.3d 428 (D.C. Cir. 2007) (court may consult its own records to determine prior strikes)
- Coleman v. Tollefson, 135 S. Ct. 1759 (2015) (dismissals count as strikes even if an appeal is pending)