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RIVERA v. ALLIN

No. 97-2868.

144 F.3d 719 (1998)

Vincent F. RIVERA, Plaintiff-Appellant, v. Catherine B. ALLIN, Health Services Administrator; Teresa K. Dowling, Health Information Specialist, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 23, 1998.

Attorney(s) appearing for the Case

Kathleen M. Williams, Tim Cone, Fed. Pub. Defender's Office, Miami, FL, H. Jay Stephens, Fed. Pub. Defender's Office, Orlando, FL, for Plaintiff-Appellant.

Robert A. Butterworth, Atty. Gen., Charlie McCoy, Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, FL, for Defendants-Appellees.

Barbara L. Herwig, John Hoyle, U.S. Dept. of Justice, Civil Div., Washington, DC, Thomas E. Scott, Adalberto Jordan, U.S. Attys., Miami, FL, for United States.

Before HATCHETT, Chief Judge, and RONEY and LAY, Senior Circuit Judges.

HATCHETT, Chief Judge:

In this appeal, we uphold as constitutional the "three strikes" in forma pauperis provision of 28 U.S.C.A. § 1915(g) (West Supp. 1998), section 804(d) of the Prison Litigation Reform Act of 1995 (PLRA), Title VIII of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, Pub.L. No. 104-134, 110 Stat. 1321, 1374-75 (April 26, 1996).

I. BACKGROUND

On May 9, 1997, appellant Vincent Rivera, a Florida prisoner...

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