Opinion

Brown v. Norris

  • 175 F. App'x 780
Court
Court of Appeals for the Eighth Circuit
Filed
Apr 12, 2006
Status
Published
On the bench
Bye, Melloy, Wollman
Cited by
0 cases
Authority
More cited than 10.3%

The opinion

PER CURIAM.

Arkansas inmate Donald X. Brown appeals the district court’s preservice dismissal without prejudice of his 42 U.S.C. § 1983 action as barred by the “three-strikes” provision of 28 U.S.C. § 1915 (g). We grant Brown leave to proceed in forma *781 pauperis, and we remand to the district court.

We review de novo a district court’s determination of qualifying strikes. See Rivera v. Allin, 144 F.3d 719, 723 (11th Cir.1998). After reviewing the relevant documents from the cases the district court counted as strikes, we conclude that the two dismissals for failure to exhaust prison grievance procedures—Brown v. Jorgenson, No. 5:98CV00245, and Brown v. Mobley, No. 4:01CV00302—do not count as strikes. While we express no opinion as to whether Brown’s other dismissals count as strikes under 28 U.S.C. § 1915 (g), the record before us establishes Brown can have no more than two strikes.

Accordingly, we remand to the district court for further proceedings. We deny Brown’s motion for appellate counsel.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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