BRIGHTWELL v. LEHMAN

No. 07-3917.

637 F.3d 187 (2011)

Bob BRIGHTWELL, Appellant v. Joseph LEHMAN, in his official capacity as the Commissioner of Pennsylvania Department of Corrections; Raymond Sobina, in his official capacity as the Superintendent of the State Correctional Institution at Somerset; Sylvia Gibson, in her official capacity as Deputy Superintendent for Centralized Services of the State Correctional Institution at Somerset; Gerald Rozum, in his official capacity as Acting Deputy Superintendent for Facilities Management of the State Correctional Institution at Somerset; Daniel Gehlmann, in his official capacity as Major of Unit Management of the State Correctional Institution at Somerset; Leo Glass, in his official capacity as Captain of Inmate Receiving Committee (I.R.C.) of the State Correctional Institution at Somerset; Jeffrey Beard, Ph.D., in his official capacity as the Secretary of the Pennsylvania Department of Corrections; Edward Klem, in his official capacity as Superintendent of the State Correctional Institution at Mahanoy; Kenneth G. Chmielewski, in his individual and official capacity as the Deputy Superintendent for Centralized Services at the State Correctional Institution at Mahanoy; Marva Cerullo, in her individual and official capacity as the Corrections Health Care Administrator at the State Correctional Institution at Mahanoy; Joseph Rush, in his individual and official capacity as a Physician's Assistant of the State Correctional Institution at Mahanoy; Dr. Fred Maue, in his individual and official capacity as Chief of Clinical Services, Bureau of Health Care Services, for the Pennsylvania Department of Corrections.

United States Court of Appeals, Third Circuit.

Filed: February 9, 2011.


Attorney(s) appearing for the Case

Michael Nonaka [Argued], Skye L. Perryman , Covington & Burling, Washington, DC, for Appellant.

Kemal A. Mericli [Argued], Office of Attorney General of Pennsylvania, Pittsburgh, PA, Claudia M. Tesoro , Office of Attorney General of Pennsylvania, Philadelphia, PA, for Appellees, Lehman, Sobina, Gibson, Rozum, Gehlmann, Glass, Beard, Klem, Chmielewski, Cerullo and Maue.

Kathryn M. Kenyon [Argued], Pietragallo, Gordon, Alfano, Bosick & Raspanti, Pittsburgh, PA, for Appellee, Rush.

Before: HARDIMAN, GREENAWAY, JR. and NYGAARD, Circuit Judges.


OPINION OF THE COURT

HARDIMAN, Circuit Judge.

In this appeal we consider whether a prisoner who has been denied in forma pauperis status because he has "three strikes" under 28 U.S.C. § 1915(g) is precluded from obtaining counsel pursuant to § 1915(e)(1). We hold that he is.

I

A

Bob Brightwell was sentenced to life in prison for a robbery and murder he committed in 1975. Since 1977, Brightwell has been housed...

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