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GIBBS v. ROMAN

No. 96-3534.

116 F.3d 83 (1997)

Henry GIBBS, Jr., Appellant, v. Ms. Marcia ROMAN, SCI Somerset Librarian, United States of America, Intervenor.

United States Court of Appeals, Third Circuit.

Decided June 6, 1997.

Attorney(s) appearing for the Case

Nancy Winkelman (Argued), Joseph Lukens, Dee Dee Rutkowski, Schnader Harrison Segal & Lewis, Philadelphia, PA, for Appellant.

D. Michael Fisher, Attorney General, Amy Zapp, Senior Deputy Attorney General, John G. Knorr, III (argued), Chief Deputy Attorney General, Chief, Litigation Section, Office of the Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, John P. Hoyl, U.S. Department of Justice, Civil Division, Appellate Staff, Washington, DC, for Appellee.

Before MANSMANN, McKEE and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

Appellant Henry Gibbs appeals from the final order of the district court dismissing his § 1983 suit under the "three strikes rule" of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g).1 We will vacate the district court's order and remand for further proceedings.

I.

Appellant Henry Gibbs, a prisoner who filed his complaint pro-se but is presently represented...

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