Griffin v. Carnes, No. 22-1134 (2d Cir. 2023)
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Plaintiff, pro se and incarcerated, appealed from the dismissal of his 42 U.S.C. Section 1983 action. The district court dismissed his complaint, concluding that Plaintiff was barred from proceeding in forma pauperis (“IFP”) because he had accumulated three “strikes” under 28 U.S.C. Section 1915(g) of the Prison Litigation Reform Act (“PLRA”). At issue on appeal is whether (1) a res judicata dismissal and (2) a dismissal of an entire complaint on several alternative grounds—one of which qualifies as a strike under existing precedent—can constitute strikes under Section 1915(g).
The Second Circuit affirmed. The court explained that Section 1915(g) bars a prisoner from proceeding IFP, absent a showing of imminent danger, if on three or more occasions while incarcerated, he has brought an action or an appeal that was “dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted.” The court reasoned that Section 1915(g) does not provide Plaintiff an opportunity to relitigate his prior cases. The court considered Plaintiff’s remaining arguments and concluded they are meritless. The district court correctly concluded that Griffin was barred by the PLRA’s three strikes provision from proceeding IFP, and, therefore, properly dismissed his complaint.
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