Early v. United States Food and Drug Administration

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DENZEL EARLY, Plaintiff, Case No. 25-cv-12345 v. Hon. Matthew F. Leitman UNITED STATES FOOD AND DRUG ADMINISTRATION, Defendant. __________________________________________________________________/ ORDER (1) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS (ECF No. 2); (2) SUMMARILY DISMISSING ACTION; AND (3) DENYING CERTIFICATE OF APPEALABILITY On July 29, 2025, Plaintiff Denzel Early filed this action against Defendant United States Food and Drug Administration. (See Compl., ECF No. 1.) Early also filed an application to proceed in forma pauperis. (See Application, ECF No. 2.)

Upon review of Early’s Complaint and litigation history in the federal courts, the Court concludes that this case must be dismissed without prejudice pursuant to 28 U.S.C. § 1915(g). The Court will therefore DENY the application to proceed in forma pauperis.

Under the Prison Litigation Reform Act, “a prisoner may not proceed in forma pauperis where a federal court [has] dismissed the incarcerated plaintiff’s action (because it was frivolous, malicious, or failed to state a claim for which relief may be granted) three or more times.” Jenkins v. Mutschler, 2021 WL 3885898, at *1 (E.D. Mich. Aug. 31, 2021) (citing 28 U.S.C. § 1915(g)). This is known as the “three-strikes” rule. See id. A review of federal court records indicates that Early has filed at least three complaints that have been dismissed by federal courts for being frivolous, malicious, or for failing to state a claim upon which relief could be granted. See Early v. Sieg, No. 19-cv-11886 (E.D. Mich. July 16, 2019) (summarily dismissing complaint for failure to state a claim); Early v. Midland Credit Mgmt., No. 19-cv-11907 (E.D. Mich. July 11, 2019) (same); Early v. U.S. Dep’t of Educ., No. 19-cv-11908 (E.D. Mich. July 2, 2019) (same); Early v. Abramo, No. 19-cv- 11976 (E.D. Mich. July 10, 2019) (same); Early v. Hasan, No. 19-cv-11977 (E.D.

Mich. July 16, 2019) (same); Early v. Stonecrest, No. 25-cv-50019 (E.D. Mich. June 3, 2025); Early v. City of Detroit, No. 25-cv-12321 (E.D. Mich. July 31, 2025) (dismissing complaint based upon the “three-strikes” rule). Thus, Early cannot proceed in forma pauperis in this action.

Early is also not eligible to proceed under the exception to the “three-strikes” rule known as the “imminent danger” exception. Under that exception, “[a] prisoner may avoid three-strikes dismissal by alleging facts showing he ‘is under imminent danger of serious physical injury.’” Jenkins, 2021 WL 3885898, at *1 (quoting 28 U.S.C. § 1915(g)). Early has not made plausible allegations of imminent danger.

For all of these reasons, the Complaint is DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1915(g). The Court will dismiss the claims without prejudice so that if Early wishes, and he pays the required filing fee, he may re-file his claims in a new action. The application to proceed in forma pauperis is DENIED. Finally, IT IS FURTHER ORDERED AND CERTIFIED that any appeal of this order taken by the Plaintiffs could not be taken in good faith, so the Court DENIES Early a certificate of appealability.

IT IS SO ORDERED.

s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: August 4, 2025 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on August 4, 2025, by electronic means and/or ordinary mail.

s/Holly A. Ryan Case Manager (313) 234-5126