Jones v. Smith, No. 12-401 (2d Cir. 2013)
Annotate this CasePlaintiff appealed the district court's denial of his motion to proceed in forma pauperis (IFP) and dismissal of his civil rights complaint. At issue was the interpretation of the three strikes provision of the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915(g). The court concluded that neither the dismissal of plaintiff's 28 U.S.C. 2254 petition seeking to vacate his conviction in the Jones v. Herbert case nor the dismissal of his appeals related to that petition constituted strikes under the PLRA. Because this holding negated three of plaintiff's five alleged strikes, the district court erred in denying plaintiff IFP status under the three strikes provision. Accordingly, the court reversed the judgment of the district court and ordered the court to permit plaintiff to proceed with his complaint in forma pauperis.
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