United States Ninth Circuit

Plaintiff-prisoner's 42 U.S.C. section 1983 appeal is dismissed, where: 1) plaintiff was disqualified from proceeding in forma pauperis under the Prison Litigation Reform Act for having three prior strikes; and 2) repeated and knowing violations of Federal Rule of Civil Procedure 8(a)'s "short and plain statement" requirement count as strikes for purposes of the Prison Litigation Reform Act, when the opportunity to correct the pleadings was afforded and there was no modification within a reasonable time.

Appellate Information

• Decided 12/26/2013
• Published 12/26/2013

Judges

• FARRIS

Court

• United States Ninth Circuit

Counsel