Haury v. Lemon, No. 11-2148 (7th Cir. 2011)
Annotate this CaseA prisoner filed a pro se lawsuit under 42 U.S.C. 1983, alleging violations of civil rights by interfering with delivery of legal mail and failing to provide a sufficient law library. The district court denied his request to proceed as a pauper on the ground that he had accumulated three strikes. The Prison Litigation Reform Act precludes an inmate from bringing a civil action or appealing a civil judgment in forma pauperis if at least three of the inmate’s prior lawsuits have been dismissed as frivolous, malicious, or for failing to state a claim, 28 U.S.C. 1915(g), excepts when a prisoner is in danger of serious injury. The Seventh Circuit reversed, rejecting the "third strike," dismissal of a 1991 case for lack of jurisdiction. A determination that a case cannot proceed in a particular forum or at a particular time is not a determination that the case is frivolous.
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