United States Second Circuit
Chavis v. Chappius, 07-2304
A denial of plaintiff-inmate's motion to proceed in forma pauperis is vacated where: 1) a complaint and a subsequent appeal therefrom qualified as separate "strikes" if both are dismissed for reasons listed in 28 U.S.C. section 1915(g); 2) the district court abused its discretion in denying plaintiff’s motion for leave to amend his complaint; and 3) a plaintiff who satisfies section 1915(g)'s "imminent danger" exception may proceed in forma pauperis on all claims in her complaint.
Appellate Information
- Decided 08/17/2010
- Published 08/17/2010
Judges
- Guido Calabresi
Court
- United States Second Circuit
Counsel
- For Appellant:
- Savvas A. Foukas, Martin A. Fotvet