Garrett v. Murphy, No. 21-2810 (3d Cir. 2021)
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Garrett, a New Jersey prisoner, has commenced at least 10 civil actions against prison officials, state officials, and the United States, avoiding paying filing fees for these lawsuits by proceeding in forma pauperis. All his lawsuits have been unsuccessful. Garrett appealed the dismissal of his latest lawsuit, which concerns his risk of contracting COVID-19 and speedy trial issues.
The Third Circuit affirmed, citing the three-strikes rule, 28 U.S.C. 1915(g). Noting the division among circuit courts, the court stated that 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 “cause of action” under section 1983 if the prisoner is challenging an “allegedly unconstitutional conviction or imprisonment” before having the conviction or sentence overturned (the favorable-termination requirement). Garrett has three prior suits dismissed for failure to meet Heck’s “favorable-termination” requirement. Garrett has not shown that he is “under imminent danger of serious physical injury,” 28 U.S.C. 1915(g).
The court issued a subsequent related opinion or order on February 2, 2022.
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