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MITCHELL v. FEDERAL BUREAU OF PRISONS

No. 05-5420.

587 F.3d 415 (2009)

Ronald MITCHELL, Appellant v. FEDERAL BUREAU OF PRISONS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided November 20, 2009.

Attorney(s) appearing for the Case

Sara Kaiser, Student Counsel, argued the cause as amicus curiae in support of appellant. With her on the briefs were Steven H. Goldblatt, appointed by the court, Cecily Baskir and Charlotte Garden, Supervisory Attorneys, and James E. Burke, Tony Diab and Prashina Gagoomal, Student Counsel.

Ronald Mitchell, pro se, filed briefs.

Harry B. Roback, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief was R. Craig Lawrence, Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Challenging the conditions of his incarceration, and having been denied in forma pauperis (IFP) status by the district court, appellant now seeks to proceed IFP on appeal. Although appellant has only two "strikes" and thus faces no Prison Litigation Reform Act (PLRA) bar to IFP status, we find that he qualifies as an abusive filer under Butler v. Department of Justice, 492 F.3d 440 (D.C.Cir.2007...

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