Lance Reberger v. Renee Baker

MEMORANDUM

Lance Reberger is a prisoner incarcerated in Nevada who has been placed in administrative segregation. In 2013, Re-berger submitted two complaints pursuant to 42 U.S.C. § 1983 , in conjunction with applications to proceed in forma pauperis (IFP). The district court denied both applications on the basis that Reberger had violated the “three-strikes” rule of the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915 (g). Under the PLRA, prisoners are ineligible for IFP status if they have brought three or more civil actions or appeals while incarcerated or detained that were dismissed on the grounds that they were “frivolous, malicious, or fail[ed] to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.” Id. In this consolidated appeal, Reberger disputes the validity of two of the three strikes relied upon by the district court, as well as the conclusion that he has not satisfactorily alleged that he is in imminent danger of serious physical injury. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and affirm.

1. The district court properly counted Reberger v. Offender Management Division, No.…