Richey v. Dahne

In a prisoner civil rights action, the court denied defendant’s motion to revoke plaintiff’s in forma pauperis (IFP) status and held that the Prison Litigation Reform Act, 28 U.S.C. section 1915(g), does not bar a prisoner from receiving IFP status on appeal of his “third-strike” dismissal and does not count as a “prior occasion” for purposes of IFP eligibility under the Act.