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Mitchell v. Fed. Bureau of Prisons, No. 05-5420

In a prisoner's application to proceed in forma pauperis (IFP) on appeal, the application is denied where, although plaintiff had only two "strikes" under the Prison Litigation Reform Act (PLRA) and thus the PLRA did not automatically bar him from proceeding IFP, the court denied the application as a discretionary matter because of plaintiff's pattern of abusive litigation in the past and his failure to qualify for IFP status under the imminent danger exception.

Read Mitchell v. Fed. Bureau of Prisons, No. 05-5420

Appellate Information

Argued October 5, 2009

Decided November 20, 2009


Opinion by Judge Tatel


For Appellant:

Sara Kaiser, Steven H. Goldblatt, Cecily Baskir and Charlotte Garden, Georgetown University Law Center, Washington, DC

For Appellee:

Harry B. Roback, R. Craig Lawrence, Assistant U.S. Attorneys, Washington, DC