United States Second Circuit

In plaintiff's appeal from the district court's order revoking his in forma pauperis status and dismissing his complaint, the order is affirmed in part where: 1) 28 U.S.C. section 1915(g) applies to a plaintiff who has been released from prison subsequent to the filing of his complaint; 2) a court may dismiss a complaint pursuant to section 1915(g) even if the defendants did not raise that provision in the pleadings; 3) a court may rely on docket sheet entries of prior dismissals in order to determine whether section 1915(g) applies; and 4) plaintiff did not qualify for the imminent danger exception under section 1915(g). However, the order is vacated in part to permit the district court to issue a new order of dismissal permitting plaintiff to apply for in forma pauperis status as a non-incarcerated plaintiff if he chooses to refile his complaint.

Appellate Information

• Argued 04/12/2010
• Decided 06/02/2010
• Published 06/02/2010

Judges

• KATZMANN, Circuit Judge:, Before LEVAL, KATZMANN and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Justine M. Mongan, Elizabeth S. Losey, (Jon Romberg, on the brief), Center for Social Justice, Seton Hall University School of Law, Newark, NJ, for Plaintiff-Appellant.


• For Appellees:
  
• Karen M. Griffin, Assistant Corporation Counsel (Francis F. Caputo, Assistant Corporation Counsel, on the brief), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellees.