Can a defendant in a civil action be denied in forma pauperis status if he has previously had at least six prior actions dismissed as frivolous, malicious, or for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from Rodriguez v. Cook, 131 F.3d 148 (9th Cir. 1997):

Rodriguez had at least six prior actions dismissed as frivolous. In the present proceeding, he does not allege that he is under imminent danger of serious physical injury. Therefore, the district court properly denied him in forma pauperis status. See 28 U.S.C. 1915(g) (prisoners bringing civil actions are denied in forma pauperis status if they have previously brought, while incarcerated, three prior claims which have been dismissed as frivolous, malicious, or for failure to state a claim, and they are not in imminent danger of serious physical injury); Tierney v. Kupers, (Nos.97-35200, 97-35201) --- F.3d ---- (9th Cir.1997) (holding section 1915(g) applies to claims dismissed both before and after its effective date).

Other Questions


Does a prior dismissal qualify as a strike if the prior dismissal was frivolous, malicious or failed to state a claim? (MultiRegion, United States of America)
Does a prisoner have to proceed in forma pauperis in a civil action brought by a facility that has been dismissed on the grounds that it is frivolous, malicious or frivolous? (MultiRegion, United States of America)
Does an inmate have to proceed in forma pauperis if an action has been dismissed as frivolous, malicious or frivolous? (MultiRegion, United States of America)
Does an inmate have to proceed in forma pauperis if an action is dismissed as frivolous, malicious or frivolous? (MultiRegion, United States of America)
Does plaintiff have been successful in bringing actions while in prison that were dismissed as frivolous, malicious or failure to state a claim? (MultiRegion, United States of America)
Does a claim for pauperis qualify as frivolous, malicious or for failure to state a claim upon which relief may be granted? (MultiRegion, United States of America)
What is a strike on an action brought by an inmate who has had three prior actions or appeals dismissed as frivolous, malicious or frivolous? (MultiRegion, United States of America)
Does plaintiff have been successful in bringing actions while in prison that have been dismissed as frivolous, malicious or failure to state a claim? (MultiRegion, United States of America)
Is a prisoner precluded from bringing a civil action or appeal in forma pauperis if he has brought three frivolous actions and/or appeals? (MultiRegion, United States of America)
What is the test for a motion to dismiss a civil rights action for failure to state a claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.