Garrett v. Murphy, No. 20-2719 (3d Cir. 2021)
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Since his 2012 federal conviction, Garrett has brought at least 10 federal civil suits. In this suit, Garrett sued New Jersey's Governor and another official under 42 U.S.C. 1983, alleging due process and “speedy trial” violations. The district court granted Garrett in forma pauperis status. The court screened Garrett’s complaint under the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915(e)(2)(B)(i)–(iii), concluded that Garrett’s due process claim “is a string of nonsequiturs" with no facts to support any claim, and dismissed Garrett’s speedy trial claim as properly raised only in a habeas action. The Third Circuit advised Garrett to seek a final judgment to perfect his right to appeal. The district court obliged, dismissing Garrett’s complaint “with prejudice.” Garrett never filed a new or amended notice of appeal in the district court, and a notice of appeal must be filed within 30 days “after the entry” of judgment, 28 U.S.C. 2107(a).
The Third Circuit then denied Garrett’s motion to proceed in forma pauperis; he must pay filing fees under the three-strikes rule. 28 U.S.C. 1915(g). A suit dismissed under “Heck” is dismissed for failure to state a claim and counts as a strike. In Heck, the Supreme Court held that a prisoner lacks a section 1983 “cause of action” if the prisoner is challenging an “allegedly unconstitutional conviction or imprisonment” before having the conviction or sentence overturned. Garrett has not shown imminent danger or serious physical injury.
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