United States Seventh Circuit

In a prisoner's pro se lawsuit under 42 U.S.C. section 1983,claiming that a warden, guards and other employees at a correctional center retaliated against him for litigation previously filed regarding his conditions of confinement, district court's denial of the plaintiff's motion to proceed in forma pauperis (IFP) in dismissing the complaint is reversed and remanded as plaintiff has not accumulated three strikes and remains eligible for IFP status because, consistent with the plain language of the Prison Litigation Reform Act, the dismissal of an action, in part for failure to exhaust and in part as frivolous, malicious or for failure to state a claim, does not constitute a strike under section 1915(g).

Appellate Information

• Argued 05/26/2010
• Decided 10/14/2010
• Published 10/14/2010

Judges

• RIPPLE

Court

• United States Seventh Circuit

Counsel