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MEDBERRY v. BUTLER

No. 97-4516.

185 F.3d 1189 (1999)

Daniel C. MEDBERRY, Plaintiff-Appellant, v. Joe BUTLER, in his official and individual capacity, J. Johnson, in his official and individual capacity, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 23, 1999.

Attorney(s) appearing for the Case

Robert Buschell, Ft. Lauderdale, FL, for Plaintiff-Appellant.

Before ANDERSON, Chief Judge, MARCUS, Circuit Judge, and MILLS , Senior District Judge.

RICHARD MILLS, Senior District Judge:

This appeal raises two issues, one of which is an issue of first impression in this Circuit.

The first issue raised is whether the "three strikes" in forma pauperis provision of 28 U.S.C. § 1915(g) violates the United States Constitution's guarantee against ex post facto laws.

The second issue raised—the one which is of first impression—is what showing must a prisoner...

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