TOLBERT v. STEVENSON

No. 09-8051.

635 F.3d 646 (2011)

Eric L. TOLBERT, Plaintiff-Appellant, v. STEVENSON; Dalrymple; Franklin Steele; Neely; Preston, Lieutenant; Robert Lewis; Billie J. Weaver; Horn, Sergeant; Mullis, Sergeant; Bennett; Bryant, C.O., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: February 14, 2011.


Attorney(s) appearing for the Case

ARGUED: Richard Donald Dietz , Kilpatrick Stockton, LLP, Winston-Salem, North Carolina, for Appellant. Peter Andrew Regulski , North Carolina Department of Justice, Raleigh, North Carolina, for Appellees. ON BRIEF: Adam H. Charnes , Kilpatrick Stockton, LLP, Winston-Salem, North Carolina, for Appellant. Roy Cooper , Attorney General, State of North Carolina, Raleigh, North Carolina, for Appellees.

Reversed and remanded by published opinion. Judge DUNCAN wrote the opinion, in which Judge NIEMEYER and Judge KING concurred.


OPINION

DUNCAN, Circuit Judge:

This appeal requires us to interpret the "three strikes" provision of the Prison Litigation Reform Act of 1995 ("PLRA"), 28 U.S.C. § 1915(g), which generally prohibits a prisoner from proceeding in forma pauperis ("IFP") if he has previously had three or more actions dismissed as frivolous, malicious, or for failing to state a claim. The district court denied Eric Tolbert ("Tolbert") IFP status because he had brought...

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