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Turley v. Gaetz, 09-3847

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By FindLaw Staff on November 02, 2010 2:55 PM

Denial of inmate's request to proceed in forma pauperis reversed

Turley v. Gaetz, 09-3847, concerned an inmate's pro se lawsuit under 42 U.S.C. section 1983 claiming that a warden, guards, and other employees at a correctional center retaliated against him for litigation previously filed regarding his conditions of confinement.

In reversing the district court's denial of the inmate's request to proceed in forma pauperis (IFP) in dismissing the suit, the court remanded as, because a dismissal of an action, in part for failure to exhaust and in part as frivolous, malicious or for failure to state a claim does not constitute a strike under section 1915(g), the plaintiff has not accumulated three strikes and remains eligible for IFP status.

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