McALPHIN v. TONEY

No. 01-2016EA.

281 F.3d 709 (2002)

James McALPHIN, Appellant, v. R. TONEY, Warden, Varner Super Max. ADC; T. Brown, Grievance Officer, Varner Super Max. ADC; Ware, Dr., Varner Super Max. ADC; Erwin, Nurse, Varner Super Max. ADC; and Nettles, Nurse, Varner Super Max. ADC, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 20, 2002.


Attorney(s) appearing for the Case

James McAlphin, Grady, AR, pro se.

James R. Gowen, Jr., Searcy, AZ, for Plaintiff-Appellant.

Mark Lunsford Pryor, Ryan P. Blue, Attorney General's Office, Little Rock, AR, for Defendants-Appellees.

Before LOKEN, RICHARD S. ARNOLD, and BYE, Circuit Judges.


RICHARD S. ARNOLD, Circuit Judge.

This case is about the interpretation of 28 U.S.C. § 1915(g), commonly known as the "three strikes" provision. The question presented is whether plaintiff's complaint, considered merely as a matter of pleading, sufficiently alleged "imminent danger of serious physical injury" within the meaning of the statute. We hold that it did, and therefore reverse the order of the District Court...

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