United States Seventh Circuit

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Turley v. Gaetz, 09-3847

In an inmate'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 inmate's request to proceed in forma pauperis (IFP) in dismissing the suit is reversed and remanded as, because a 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), the plaintiff has not accumulated three strikes and remains eligible for IFP status.

Appellate Information

  • Argued 05/26/2010
  • Decided 11/02/2010
  • Published 11/02/2010



  • United States Seventh Circuit