GARCIA v. SILBERT

No. 96-2154.

141 F.3d 1415 (1998)

Jesse L. GARCIA, Plaintiff-Appellant, v. Mimi H. SILBERT, President/CEO/Delancey Street/New Mexico and Peter Antenirol, Acting Medical Nurse, in their individual and official capacities, Defendants-Appellees. New Mexico Corrections Department, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 22, 1998.


Attorney(s) appearing for the Case

Adam G. Kurtz, Albuquerque, NM, for Plaintiff — Appellant.

Nick D'Angelo, General Counsel, New Mexico Corrections Department (Ida M. Lujan, Special Assistant Attorney General, Santa Fe, NM, on the Brief), as amicus curiae, by leave of Court, in support of Appellees.

Before TACHA, KELLY and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

Today we determine whether a provision of the Prison Litigation Reform Act of 1995 ("PLRA"), 28 U.S.C. § 1915(g), applies to actions pending when the PLRA took effect. Based on the statutory language of § 1915(g), we conclude that it applies only to actions brought after the effective date of the PLRA. Consequently, we reverse the judgment of the district court and remand for further proceedings.

Jesse Garcia, currently incarcerated...

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