United States Ninth Circuit

In a case to determine whether the eleven previous cases filed by a prisoner amount to at least three 'strikes' under the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. section 1915(g), such that prisoner is barred from proceeding in forma pauperis (IFP) in this and future cases, the District Court's denial of the prisoner's motion to proceed IFP is reversed where of the eleven strikes that the District Court may have relied on in finding the prisoner ineligible for IFP status, only one was a valid strike under the PLRA.

Appellate Information

• Published 2016/08/12

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel