United States Third Circuit

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Byrd v. Shannon, 11-1744

In appeal from summary judgment for defendants in civil rights action brought by plaintiff-prisoner alleging that defendants showed deliberate indifference to his serious medical needs by failing to provide him with prescription eye drops for his glaucoma, plaintiff's motion to proceed in forma pauperis (IFP) is denied, where: 1) strikes under 28 U.S.C. section 1915(g) may be accrued in actions or appeals regardless of whether the prisoner has prepaid the filing fee or is proceeding IFP; 2) plaintiff's previous non-IFP actions, which were dismissed for failure to state a claim, count as strikes for purposes of section 1915(g); and thus, 3) plaintiff's eligibility for IFP status was foreclosed by the three strikes provision of 28 U.S.C. 1915(g).

Appellate Information

  • Decided 03/11/2013
  • Published 03/11/2013

Judges

  • FISHER

Court

  • United States Third Circuit

Counsel

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