A convicted arsonist with a penchant for harassing correctional officers, including threatening to rape a female prison guard, is on the Prisoners Advisory Committee of the Sylvia Rivera Law project. Dennis T. Nelson has contributed his artwork to a calendar for sale on the SRLP’s website. Nelson has also mailed packages filled with powder to courthouses and has thrown urine on prison guards.
New York courts have determined that Nelson has filed so many frivolous lawsuits, he is no longer entitled to have the filing fee waived for his lawsuits. From Nelson v. Chang:
Plaintiff Dennis Nelson is currently, and, at the time of the filing of his complaint, was incarcerated at Great Meadow Correctional Facility in Comstock, New York. Plaintiff filed this pro se action, which the court construes as an action pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971), and for medical malpractice, along with a request to proceed in forma pauperis (“IFP”), on March 24, 2008. By Order dated April 4, 2008, Magistrate Judge Lois Bloom granted plaintiff’s request to proceed IFP. It has since come to the court’s attention that federal courts in other districts of New York have determined that multiple prior complaints filed by plaintiff were frivolous, and that, as a result, plaintiff has been barred from IFP status pursuant to the Prison Litigation Reform Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321, 28 U.S.C. § 1915(g) (“the PLRA”), unless plaintiff demonstrates that he is under imminent danger of serious physical injury. Therefore, for reasons explained in full below, the court revokes plaintiff’s IFP status and orders that the complaint be dismissed unless plaintiff pays the full filing fee of $350 within 30 days after entry of this order.