United States Ninth Circuit

In this prisoner civil rights action, plaintiff-prisoner's request to proceed in forma pauperis is granted, summary judgment against plaintiff is vacated and the case is remanded for further proceedings on the issue of whether plaintiff exhausted her administrative remedies under the Prison Litigation reform Act (PLRA), where: 1) the PLRA requires that a prisoner who is otherwise barred from proceeding in forma pauperis under its "three strikes" provision show that she faces an imminent danger on appeal when showing of such danger has already been made before the district court, but there is a presumption of continuing danger, and plaintiff has accordingly satisfied the statutory requirement; and 2) the district court erred in dismissing plaintiff's suit for failure to exhaust her administrative remedies.

Appellate Information

• Decided 01/07/2015
• Published 01/07/2015

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel