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Taylor v. Watkins

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SUBMITTED AUGUST 11, 2010

Before KANNE, WOOD, and HAMILTON, Circuit Judges.

Corey A. Taylor, an Illinois prisoner, filed suit under 42 U.S.C. § 1983 against several officers and employees of the Illinois Department of Corrections, alleging that they violated his civil rights by contaminating his food, tampering with his mail, depriving him of sleep, and assaulting him. He then requested leave to proceed in forma pauperis (“IFP”), so that he would not be required to pay the filing fee for a civil action. But Taylor has previously incurred three “strikes,” meaning that at least three actions he has brought as an inmate seeking redress from a governmental entity or an officer or employee of a governmental entity have been dismissed as frivolous or malicious, or for failing to state a claim on which relief may be granted. See 28 U.S.C. § 1915A. Taylor therefore could not proceed IFP in federal court on a civil action unless he was in “imminent danger of serious physical injury.”

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