Haury v. Lemmon

Dist. Ct. erred in denying plaintiff-prisoner’s request to proceed in forma pauperis in his section 1983 action alleging that defendants-prison officials had improperly interfered with his prison mail, where basis of ruling was Dist. Ct.’s belief that plaintiff had three prior dismissals of lawsuits that had been deemed frivolous. While plaintiff had two prior dismissals of frivolous lawsuits, third lawsuit, which had been dismissed on finding that Dist. Ct. lacked subject matter jurisdiction on two of three counts, did not qualify as frivolous lawsuit for purposes of applying three-strike rule under section 1915(g) of PLRA.