United States Second Circuit

In an appeal from a judgment of the district court revoking plaintiff-inmate's in forma pauperis status, 28 U.S.C. section 1915(g), and dismissing his Section 1983 complaint which alleged that he was improperly denied access to medically-prescribed therapeutic diets, judgment is affirmed because: 1) an action against a prosecutor for initiating a prosecution or for presenting the prosecution's case dismissed sua sponte on the ground of absolute prosecutorial immunity is "frivolous" for purposes of 28 U.S.C. section 1915(g); and 2) plaintiff's Section 1983 complaint is without merit.

Appellate Information

• Decided 10/17/2011
• Published 10/17/2011

Judges

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• CATHERINE G. PATSOS, KATE H. NEPVEU