Lettieri v. Keefe Group et al

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DAVID LETTIERI, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 4:25-cv-1575-MAL
)
KEEFE GROUP, et al., 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
Before the Court is Plaintiff David Lettieri’s complaint and motion to proceed
in forma pauperis. For the reasons below, the Court will deny Lettieri’s motion and
give him twenty-one (21) days to pay the $405 filing fee.
I. 	Background
Lettieri 	is 	incarcerated 	in 	the 	Federal 	Medical 	Center, 	Devens 	(“FMC
Devens”) in Ayer, Massachusetts serving a 240-month sentence imposed in the
Western District of 	New York after a jury found him guilty of one count of
enticement of a minor. See United States v. Lettieri, No. 1:21-cr-00020 (W.D.N.Y.
May 28, 2024). 	Lettieri filed the instant complaint against Keefe Group, the
Bureau of Prisons, FMC Devens, and three individuals he appears to identify as B.
Chunutu, D. English, S. Gondalaz, and Sabrina Carpenter.
According to Lettieri, he purchased a song by Defendant Sabrina Carpenter
titled “Christmas the Whole Year Round” on Christmas Day, but a “download
‘issue’” prevented him from downloading it until the day after. 	(Doc. 1 at 2).
Lettieri writes: “Thus had denial to the right of having a song purchased. Thus
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denied a holiday matter.” 	Id. 	Lettieri alleges he met with B. Chunutu, D. English,
and S. Gondalaz about filing grievances, but says he was threatened that “if
continue to do such would be transfer to possibly a more dangerous facility where
could be stabbed which can[’]t yell for help because of [paralyzed] vocal cord or
limited on the grievances filed.” Id. He seeks monetary relief and wishes to proceed
with this action in forma pauperis.
II. 	Analysis
Lettieri is a “prisoner” as defined in 28 U.S.C. § 1915(h) and is subject to the
provisions of the Prison Litigation Reform Act of 1996 (“PLRA”). 	The PLRA
“enacted a variety of reforms designed to filter out the bad [prisoner] claims and
facilitate consideration of the good.” Jones v. Bock, 549 U.S. 199, 204 (2007). One of
those reforms restricted the ability of courts to allow prisoners to proceed in forma
pauperis under what is commonly described as the “three strikes” provision. See 28
U.S.C. § 1915(g); Orr v. Clements, 688 F.3d 463, 464 (8th Cir. 2012). It provides:
In no event shall a prisoner bring a civil action or appeal a judgment in
a civil action or proceeding under this section if the prisoner has, on 3
or more prior occasions, while incarcerated or detained in any facility,
brought an action or appeal in a court of the United States that was
dismissed on the grounds that it is frivolous, malicious, or fails to state
a claim upon which relief may be granted, unless the prisoner is under
imminent danger of serious physical injury.
28 U.S.C. § 1915(g). Thus, under the three strikes provision, if a prisoner has
brought three or more actions in federal court that were dismissed as frivolous,
malicious, or for failure to state a claim, the prisoner cannot proceed again in
federal court in forma pauperis.
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Publicly available federal court records show that since 2023, Lettieri has
filed several cases in federal district courts across the country.1 	At least three of
those cases were brought by Lettieri while incarcerated and were dismissed for
failure to state a claim upon which relief may be granted. 	See Lettieri v. Daniels,
No. 1:23-cv-00867 (W.D.N.Y. Oct. 16, 2023); Lettieri v. Federal Marshals, No. 4:23-
cv-02202 (N.D. Ohio Nov. 30, 2023); and Lettieri v. T-Mobile, No. 2:24-cv-00028
(W.D. Wash. Apr. 18, 2024). 	As a result, this Court cannot grant him leave to
proceed in forma pauperis unless his complaint demonstrates that he is under
imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).
Having thoroughly reviewed and liberally construed Lettieri’s complaint, the
Court finds that it does not show that he is under imminent danger of serious
physical injury. 28 U.S.C. § 1915(g). 	The only physical injury Lettieri alludes to is
possible transfer to another facility where he says he might be harmed. 	Lettieri’s
allegations are entirely conclusory, and too speculative to establish imminent
danger of serious physical injury. As such, this Court cannot grant Lettieri leave to
proceed in forma pauperis. Id. 	The Court will deny Lettieri’s motion and give him
twenty-one (21) days to pay the $405 filing fee.
1 At least one of those courts has deemed him a vexatious litigant and restricted his
ability to file cases. 	See In re: David C. Lettieri, No. 1:23-mc-00032 (W.D.N.Y. Oct.
24, 2025).
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IT IS HEREBY ORDERED that Lettieri’s Motion to Proceed in Forma
Pauperis (Doc. 2) is DENIED.
IT IS FURTHER ORDERED that Lettieri shall pay the $405 filing fee
within twenty-one (21) days of the date of this Order. Lettieri’s failure to timely pay
the $405 filing fee will result in the dismissal of this case.
Dated this 14th day of January, 2026.
____________________________________
MARIA A. LANAHAN
UNITED STATES DISTRICT JUDGE
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