Manning v. Beachump

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
De’Amontae Manning, 	Case No. 3:25-cv-2585
Plaintiff
v.
ORDER DISMISSING CASE
Corrections Officer Olivia Beachump,
Defendant
Pro se Plaintiff De’Amontae Manning, a state prisoner incarcerated in the Toledo
Correctional Institution, has filed a prisoner civil rights complaint in this case seeking damages for
his claim that in March 15, 2025, Defendant Corrections Officer Olivia Beachump denied Manning
appropriate religious meals during Ramadan. (Doc. No. 1). With his complaint, Manning filed a
motion to proceed in the case without prepayment of fees and costs. (Doc. No. 2).
Under the three strikes rule set out in 28 U.S.C. § 1915(g), a prisoner is prohibited from
bringing a civil action in forma pauperis in federal court “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); Rittner v. Kinder, 290 F. App’x 796, 797-98 (6th Cir. 2008).
To qualify for the exception to the three-strikes rule, a plaintiff must plead sufficient “facts
from which a court, informed by its judicial experience and common sense, could draw a reasonable
inference” that the plaintiff was under a real and proximate danger of serious physical injury at the
time he filed his complaint. Vandiver v. Prison Health Servs., Inc., 727 F.3d 580, 585 (6th Cir. 2013).
Case: 3:25-cv-02585-JJH Doc #: 3 Filed: 11/25/25 1 of 2. PageID #: <pageID>

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Allegations that a prisoner was subjected to past harm do not suffice to demonstrate imminent
harm. Rittner, 290 F. App’x at 798.
Manning is a frequent filer in federal court and has, on at least three prior occasions while
incarcerated, filed actions or appeals in federal court that were dismissed on grounds they were
frivolous, malicious, or failed to state a claim upon which he may be granted relief. See e.g., Manning
v. Henderson, No. 4:24-cv-795 (N.D. Ohio dismissed July 19, 2024); Manning v. Henderson, No. 3:24-cv-
559 (N.D. Ohio dismissed Sept. 26, 2025); Manning v. Ellis, No. 3:24-cv-1170 (N.D. Ohio dismissed
Sept. 18, 2024).
In this case, Manning does not assert or set forth allegations from which I reasonably
conclude that he was in imminent danger of serious physical injury at the time he filed his complaint
in this case in November 2025. Rather, the allegations in his complaint indicate that he was denied
religious meals in March 2025 – more than seven months before he filed this case. (Doc. No. 1 at
5).
Accordingly, Manning’s motion to proceed without prepayment of fees and costs in this case
is denied, (Doc. No. 2), and this action is dismissed under the three-strikes rule set out in 28 U.S.C. §
1915(g). If Manning wishes to proceed with this case, he must pay the full filing fee of $405 and file
a Motion to Re-Open within thirty (30) days of this Order. The Clerk’s Office is directed not to
accept a Motion to Re-Open unless it is accompanied by the full filing fee. No other documents will
be accepted for filing unless the entire filing fee is paid and the Motion to Re-Open is granted.
I further certify, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this decision could
not be taken in good faith.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge
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