Davis v. Jones

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
BEN DAVIS,
Plaintiff,
v.
BRANDON JONES,
Defendant.
Case No. 3:21-cv-00024-SLG
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS
On February 5, 2021, Ben Davis, a self-represented prisoner, filed a
Prisoner’s Complaint Under the Civil Rights Act 42 U.S.C. § 1983, a civil cover
sheet, and an Application to Proceed in District Court Without Prepaying Fees or
Costs.1
In order to properly commence a civil action, a litigant must file either the
filing fee of $402.00 or an application to waive prepayment of the filing fee.2
However, 28 U.S.C. § 1915(g) provides that a self-represented prisoner cannot
bring a civil action in forma pauperis (receive a waiver of prepayment of fees or
costs), if “on three or more prior occasions, while incarcerated” the prisoner
brought actions that were dismissed as “frivolous, malicious, or fail[ed] to state a
claim upon which relief may be granted[.]”3 Congress maintains an exception
1 Dockets 1–3.
2 Local Civil Rule 3.1(c).
3 28 U.S.C. § 1915(g).
Case 3:21-cv-00024-SLG Document 6 Filed 03/03/21 Page 1 of 2

Case No. 3:21-cv-00024-SLG, Davis v. Jones
Order Denying Motion to Proceed In Forma Pauperis
Page 2 of 2
allowing a prisoner to file in forma pauperis if under “imminent danger of serious
physical injury.”4
At Docket 3, Mr. Davis has filed an Application to Procced in District Court
Without Prepaying Fees or Costs. Mr. Davis has received three strikes from prior
dismissed actions filed while he has been incarcerated.5 The Court has reviewed
the Complaint and found that Mr. Davis has not alleged sufficient facts to meet the
required imminent danger exception. Accordingly, Mr. Davis may not proceed in
this action in forma pauperis.
THEREFORE, IT IS ORDERED, the Application to Procced in District Court
Without Prepaying Fees or Costs at Docket 3 is DENIED. IT IS FURTHER
ORDERED as follows: Mr. Davis has 30 days from the date of this Order to pay
the $402.00 filing fee.6 If Mr. Davis does not pay the filing fee within 30 days, this
action will be dismissed without further notice to him.
DATED this 3rd day of March, 2021 at Anchorage, Alaska.
/s/ Sharon L. Gleason
UNITED STATES DISTRICT JUDGE
4 Id.
5 Davis v. Luper, Case No. 3:20-cv-00141-SLG, Docket 4 (Order of Dismissal & Notice of
Third Strike); see also prior dismissals in Davis v. State of Alaska, et al., Case Nos. 3:17-
cv-00263-TMB, Dockets 8 & 9 and Davis v. State of Alaska Public Defender Agency, et
al., 3:18-cv-00157-SLG, Dockets 6 & 7.
6 If Mr. Davis pays the filing fee, his Complaint will still be subject to screening under 28
U.S.C. §§ 1915(e)(2)(B), 1915A, which requires a Court to perform pre-litigation
screening of prisoner complaints to determine if the action is frivolous, fails to state a
claim, or seeks relief from a defendant who is immune from suit. If the action is dismissed
upon screening, Mr. Davis will not be entitled to a refund of the fee.
Case 3:21-cv-00024-SLG Document 6 Filed 03/03/21 Page 2 of 2