United States Sixth Circuit

In a civil rights action brought by an inmate, denial of plaintiff's motion to proceed in forma pauperis (IFP) is affirmed where the dismissal of a prior suit by plaintiff, in which six of his eight claims were dismissed with prejudice for failure to state a claim, and two were dismissed without prejudice for failure to exhaust administrative remedies, was properly characterized as a "strike" for purposes of the "three-strikes" provision added to the IFP statute by the Prison Litigation Reform Act (PLRA).

Appellate Information

• Decided 09/06/2007
• Published 09/06/2007

Judges

• Before:  BATCHELDER and GRIFFIN, Circuit Judges;  ACKERMAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• ARGUED:  Danielle M. Hohos, Jones Day, Washington, D.C., for Appellant.  Jeffrica Jenkins Lee, United States Department of Justice, Washington, D.C., for Intervenor.   ON BRIEF:  Danielle M. Hohos, Donald B. Ayer, Jones Day, Washington, D.C., for Appellant.  Jeffrica Jenkins Lee, Barbara L. Herwig, United States Department of Justice, Washington, D.C., for Intervenor.