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MALIK v. McGINNIS

Docket No. 00-0304.

293 F.3d 559 (2002)

Abdul-Jabbor MALIK, Plaintiff-Appellant, v. Michael McGINNIS, Superintendent, Glenn Goord, Commissioner Corr., Stewart Loftus, Mr. Ames, Correction Officer and Zywick, Correction Officer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: June 6, 2002.

Attorney(s) appearing for the Case

Brian C. Kerr, Milberg Weiss Bershad Hynes & Lerach LLP, New York, NY (Sanford P. Dumain, on the brief), for Plaintiff-Appellant.

Before WINTER, POOLER, and PARKER, Circuit Judges.

B.D. PARKER, JR., Circuit Judge.

Plaintiff Abdul-Jabbor Malik appeals from a judgment of the United States District Court for the Western District of New York (Charles J. Siragusa, Judge) denying his motion for reconsideration. The underlying order denied Malikin forma pauperis status pursuant to 42 U.S.C. § 1915(g)'s "three strikes rule" because Malik had previously filed three frivolous lawsuits while incarcerated. Malik argues that the District Court erred...

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