LEWIS v. SULLIVAN

No. 00-C-705-C.

135 F.Supp.2d 954 (2001)

William Clifton LEWIS, Petitioner, v. Michael SULLIVAN, Secretary, Wisconsin Department of Corrections, Respondent, and United States of America, Intervenor.

United States District Court, W.D. Wisconsin.

March 2, 2001.


Attorney(s) appearing for the Case

William C. Lewis, Waupun, WI, pro se.

Robert A. Selk, Assistant Attorney General, Madison, WI, Peggy A. Lautenschlager, United States Attorney, Western District of Wisconsin, Madison, WI, for Michael J. Sullivan.

John Schumann, Trial Attorney, U.S. Dept. of Justice-Civil Div., Washington, DC, for United States of America.


OPINION AND ORDER

CRABB, District Judge.

Petitioner William Clifton Lewis is challenging the constitutionality of the Prison Litigation Reform Act's "three strikes" provision, 28 U.S.C. § 1915(g), which bars a prisoner from proceeding in forma pauperis if he has had three prior actions dismissed because they were frivolous, malicious or failed to state a claim upon which relief might be granted, unless the prisoner is in imminent danger of serious...

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