Shepherd v. Commissioner Annucci, No. 17-2261 (2d Cir. 2019)Annotate this Case
The Second Circuit affirmed the district court's dismissal of plaintiff's complaint with prejudice as a sanction for misrepresenting his litigation history. The court held that district courts may conduct limited inquiries into whether a litigant's fear of imminent danger under 28 U.S.C. 1915(g) is plausible. In this case, the district court did not err by concluding that plaintiff's claim of imminent danger was "without foundation" where plaintiff's explanation for why he was in imminent danger was both circular and completely conclusory. Furthermore, plaintiff
unquestionably received adequate notice, and had an opportunity to be heard, before the district court dismissed his action.