United States Second Circuit

Order revoking plaintiff's in forma pauperis status for violating 28 U.S.C. section 1915(g), the "three strikes" rule of the Prison Litigation Reform Act, and dismissing his complaint, is vacated as an interlocutory appeal brought by a pro se litigant prior to the entry of a final judgment below is not "frivolous" for the purposes of revoking in forma pauperis status.

Appellate Information

• Decided 01/04/2007
• Published 01/05/2007

Judges

• McLAUGHLIN, Circuit Judge., Before McLAUGHLIN, SOTOMAYOR, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David A. O'Neil, Wilmer Cutler, Pickering Hale and Dorr, LLP, New York, New York,(Noah A. Levine, on the brief), for Plaintiff-Appellant.


• For Appellees:
  
• David Lawrence III, Assistant Solicitor General of the State of New York, New York, NY, (Michael S. Belohlavek, Senior Counsel, Division of Appeals & Opinions, for Eliot Spitzer, Attorney General of the State of New York, on the brief), for Defendants-Appellees.