Reported / Citable
Background
Terrance Fletcher, a Texas prisoner proceeding pro se, brought a civil-rights action under 42 U.S.C. § 1983 against employees of the TDCJ Stiles Unit, where he had previously been confined. His allegations concerned an asserted use of force at that unit on March 18, 2026.
The case was referred to U.S. Magistrate Judge Christine L. Stetson, who recommended dismissal without prejudice under 28 U.S.C. § 1915(g). Fletcher objected to the recommendation.
The Court’s Holding
District Judge Marcia A. Crone overruled Fletcher’s objections and adopted the magistrate judge’s report and recommendation. The court held that Fletcher had accumulated three strikes and therefore could not proceed in forma pauperis unless he showed that he was in imminent danger of serious physical injury when he filed suit.
Fletcher’s allegations of force at the Stiles Unit more than two months before filing did not establish imminent danger at the time of filing, the court concluded. Because Fletcher had not paid the $405 filing fee, the court ordered the action dismissed without prejudice.
Key Takeaways
- A prisoner with three strikes under § 1915(g) must show imminent danger existing when the action is filed to proceed without prepaying fees.
- Allegations of a past use-of-force incident, without facts showing a present danger at filing, did not satisfy that exception.
- The dismissal was without prejudice because Fletcher did not pay the filing fee.
Why It Matters
The order applies the Prison Litigation Reform Act’s three-strikes provision according to its timing requirement: the relevant danger must be imminent when the complaint is filed, not merely connected to an earlier alleged injury. Prisoners subject to § 1915(g) must either plausibly allege then-existing imminent danger or pay the full filing fee.