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Thursday, August 25, 2011

Ind. Decisions - One Indiana decision today from 7th Circuit

Quotes from Haury v. Lemmon (ND Ind., Miller), a 5-page, per curiam opinion:

Michael Haury, a prisoner in Indiana, filed a pro se lawsuit under 42 U.S.C. § 1983 against prison personnel and other defendants, alleging that they violated his civil rights by interfering with the delivery of his legal mail and failing to provide a sufficient law library. The district court denied his request to proceed as a pauper on the ground that he had accumulated three strikes for the dismissal of three prior lawsuits, see 28 U.S.C. § 1915(g), and Haury appeals that decision. See Roberts v. United States Dist. Court for Northern Dist. of California, 339 U.S. 844, 845 (1950); Turley v. Gaetz, 625 F.3d 1005, 1008 n.3 (7th Cir. 2010). He also moves for leave to proceed as a pauper in this court. We conclude that only two of the cases named by the district court warrant strikes under § 1915(g), and accordingly grant Haury’s motion, reverse the district court’s decision, and remand for further proceedings. * * *

It remains to be seen whether there is a viable claim here, and even whether this case might earn Haury his third strike. But at least for now, the in forma pauperis gate remains open to him. Haury’s request to proceed in forma pauperis on appeal is GRANTED. We REVERSE the district court’s finding and REMAND the case for the district court to reconsider whether Haury may proceed as a pauper.

Posted by Marcia Oddi on August 25, 2011 12:49 PM
Posted to Ind. (7th Cir.) Decisions