GIBBS v. CROSS

No. 96-3618.

160 F.3d 962 (1998)

Henry GIBBS, Jr., Appellant, v. Officer Paul CROSS, Maintenance Supervisor.

United States Court of Appeals, Third Circuit.

Decided November 13, 1998.


Attorney(s) appearing for the Case

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

John G. Knorr, III (Argued), Amy Zapp, Office of Attorney General of Pennsylvania, Department of Justice, Harrisburg, PA, for Appellee.

Alisa B. Klein (Argued), United States Department of Justice, Civil Division, Appellate Staff, Washington, D.C., for Intervenor-Appellee.

Before: ROTH, McKEE Circuit Judges, O'NEILL Senior District Judge


OPINION OF THE COURT

McKEE, Circuit Judge:

Henry Gibbs appeals the district court's dismissal of his pro se civil rights complaint. The district court denied Gibbs' request for in forma pauperis status and dismissed the complaint pursuant to the "three strikes" provision of 28 U.S.C. § 1915(g). For the reasons that follow, we will reverse and remand to the district court for a determination of...

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