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MILLS v. FISCHER

Docket No. 11-276-pr.

645 F.3d 176 (2011)

Richard MILLS and Elmer F. Mills, Jr., Plaintiffs-Appellants, Kodey Mills, Plaintiff, v. Brian FISCHER, John B. Lempke, Fedora, Correction Officer, Defendants-Appellees, Jane Doe, Correction Officer, Defendant.

United States Court of Appeals, Second Circuit.

Decided: July 14, 2011.

Attorney(s) appearing for the Case

Richard Mills , pro se, Romulus, NY.

Elmer F. Mills, Jr. , pro se, Byron, NY.

Kate H. Nepveu , New York State Office of the Attorney General, Albany, NY, for Defendants-Appellees.

Before: JACOBS, Chief Judge, WINTER and McLAUGHLIN, Circuit Judges.

DENNIS JACOBS, Chief Judge.

Plaintiff-Appellant Richard Mills, pro se and incarcerated, moves for leave to proceed in forma pauperis ("IFP") and for appointment of counsel in this appeal from an order of the United States District Court for the Western District of New York (Arcara, J.) that dismissed his 42 U.S.C. § 1983 complaint.

I

Under the Prison Litigation Reform Act ("PLRA"), a prisoner who accumulates three "strikes" (dismissed...

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