United States Fourth Circuit

In a case interpreting the "three strikes" provision of the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. section 1915(g), which generally prohibits a prisoner from proceeding in forma pauperis (IFP) if he has previously had three or more actions dismissed as frivolous, malicious, or for failing to state a claim, the district court's denial of plaintiff's IFP status because he had brought at least three prior lawsuits that were dismissed in part as frivolous or for failing to state a claim is reversed where, consistent with the view of the majority of circuits to consider the issue, that the plain language of section 1915(g) applies only to actions dismissed entirely as frivolous, malicious, or for failing to state a claim.

Appellate Information

• Decided 02/14/2011
• Published 02/15/2011

Judges

• DUNCAN

Court

• United States Fourth Circuit

Counsel