United States DC Circuit

In a prisoner's application to proceed in forma pauperis (IFP) on appeal, the application is denied where, although plaintiff had only two "strikes" under the Prison Litigation Reform Act (PLRA) and thus the PLRA did not automatically bar him from proceeding IFP, the court denied the application as a discretionary matter because of plaintiff's pattern of abusive litigation in the past and his failure to qualify for IFP status under the imminent danger exception.

Appellate Information

• Argued 10/05/2009
• Decided 11/20/2009
• Published 11/20/2009

Judges

• Before:  TATEL and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Sara Kaiser, Student Counsel, argued the cause as amicus curiae in support of appellant.   With her on the briefs were Steven H. Goldblatt, appointed by the court, Cecily Baskir and Charlotte Garden, Supervisory Attorneys, and James E. Burke, Tony Diab and Prashina Gagoomal, Student Counsel., Ronald Mitchell, pro se, filed briefs.


• For Appellees:
  
• Harry B. Roback, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief was R. Craig Lawrence, Assistant U.S. Attorney.