128 F.3d 1310 (9th Cir. 1997), 97-35200, Tierney v. Kupers
|Docket Nº:||97-35200, 97-35201.|
|Citation:||128 F.3d 1310|
|Party Name:||D.A.R. 13,531 Michael C. TIERNEY, Plaintiff-Appellant, v. Harold KUPERS, Defendant-Appellee. Michael C. TIERNEY, Plaintiff-Appellant, v. Crystal CORLISS; Loretta Lovano; Andrea Brynn, Defendants-Appellees.|
|Case Date:||October 31, 1997|
|Court:||United States Courts of Appeals, Court of Appeals for the Ninth Circuit|
Submitted Sept. 10, 1997. *
Michael C. Tierney, Clallam Bay, Washington, Pro se, plaintiff-appellant.
No appearance for the defendants-appellees.
Appeal from the United States District Court for the Western District of Washington; Robert J. Bryan, District Judge, Presiding. D.C. No. CV-96-05958-RJB, D.C. No. CV-96-05959-RJB.
Before: CANBY, T.G. NELSON, and KLEINFELD, Circuit Judges.
T.G. NELSON, Circuit Judge:
A 1996 amendment to 28 U.S.C. § 1915 limited the ability of prisoners, if they had filed three previous actions dismissed as frivolous, to proceed in forma pauperis in order to avoid paying filing fees. 28 U.S.C. § 1915(g). Washington state prisoner Michael Tierney appeals pro se the district court's dismissal, pursuant to that section, of his 42 U.S.C. § 1983 actions. We have jurisdiction pursuant to 28 U.S.C. § 1291. Because we conclude that the § 1915(g) calculation includes claims dismissed prior to the effective date of the statute, we affirm.
Effective April 26, 1996, Congress enacted the Prison Litigation Reform Act ("PLRA"). Pub.L. No. 104-134, § 804(g), 110 Stat. 1321 (1996). In part, the PLRA amended the portion of 28 U.S.C. § 1915 which deals with "proceedings in forma pauperis." Specifically, the new law prohibited prisoners from bringing a civil action or appeal in forma pauperis
if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.
On November 5, 1996, Tierney, a prisoner, filed two actions under 42 U.S.C. § 1983, both of which were accompanied by applications to proceed in forma pauperis. Prior to filing his present § 1983 actions, Tierney filed six other actions, while incarcerated in the State of Washington, which...
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