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HIGGINS v. CARPENTER

Nos. 00-3315, 00-3316, 01-1311.

258 F.3d 797 (2001)

Ray Antwane HIGGINS, Appellant/Cross-Appellee, v. Thomas M. CARPENTER, City Attorney, Little Rock, Arkansas, Appellee/Cross-Appellant. Reginald R. Early, Appellee, v. Greg Harmon, Warden, Maximum Security Unit, ADC; Larry Norris, Director, Arkansas Department of Correction; L.J. Brown; Sgt. Hearn, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 6, 2001.

Attorney(s) appearing for the Case

Ray Antwane Higgins, pro se.

Ryan P. Blue, Little Rock, AR, for Greg Harmon.

Thomas Carpenter, pro se.

BEFORE: BOWMAN, BEAM, and LOKEN, Circuit Judges.

PER CURIAM.

Arkansas inmate Ray Antwane Higgins appeals the District Court's order dismissing his 42 U.S.C. § 1983 action for failure to state a claim. Defendant Thomas M. Carpenter cross-appeals the Court's refusal to apply the "three-strikes" rule of the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915(g) (Supp. IV 1998). He argues that the "three-strikes" rule prevents Higgins from bringing a civil action in forma pauperis (IFP) because Higgins...

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