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Turley v. Gaetz, 09-3847

By FindLaw Staff on October 14, 2010 4:09 PM

Denial of Inmate's Motion to Proceed In Forma Pauperis Reversed

Turley v. Gaetz, 09-3847, concerned a challenge to the district court's denial of an inmate's motion to proceed in forma pauperis (IFP) in dismissing the complaint, in the 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.


In reversing and remanding, the court held that the plaintiff has not accumulated three strikes and remains eligible for IFP status because, consistent with the plain language of the Prison Litigation Reform Act, the 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).

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