Does an inmate have to proceed in forma pauperis if an action is dismissed as frivolous, malicious or frivolous?

MultiRegion, United States of America

The following excerpt is from Johnson v. N. Kern State Prison, Case No. 1:16-cv-01370-DAD-JLT (PC) (E.D. Cal. 2017):

1915(e)(2)(B)(i)-(iii). If an action is dismissed on one of these three bases, a strike is imposed per 28 U.S.C. 1915(g). An inmate who has had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted, and has not alleged imminent danger of serious physical injury does not qualify to proceed in forma pauperis. See 28 U.S.C. 1915(g); Richey v. Dahne, 807 F.3d 1201, 1208 (9th Cir. 2015).

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