By: Daily Record Staff//April 7, 2013
By: Daily Record Staff//April 7, 2013//
U.S. District Court, WDNY
Prisoner ‘Three Strikes’ Provision
In Forma Pauperis
Nealy v. Corrections Officer Kamas, et al.
Background: The defendants filed a motion to revoke the plaintiff’s in forma pauperis status alleging that the plaintiff was in violation of the “three strikes” provision of the Prisoner Litigation Reform Act.
Ruling: The District Court granted the motion. The plaintiff had a 2007 case that was dismissed sua sponte for failing to state a cognizable claim. A second case was dismissed for failing to state a claim in 2008. The claimant had also sought legal malpractice in that claim, but it was not addressed as the court declined to exercise supplemental jurisdiction. The claimant had a second 2008 case that was dismissed because the statute of limitations expired.
William Nealy, pro se; Hilel David Deutsch, New York State Office of the Attorney General for the defendants