Adonai El-Shaddai v. Jeffrey Wang, Md
Opinion
Opinion
Smith, J.
While incarcerated in California, Adonai El-Shaddai (previously known as James Wilkerson), filed at least eleven lawsuits against prison officials prior to filing this case. On appeal, we must decide whether these previous cases amount to at least three “strikes” under the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915 (g), such that El-Shaddai is barred from proceeding in forma pauperis (IFP) in this and future cases. Because we conclude that only one of the prior actions was “dismissed on the grounds that it [was] frivolous, malicious, or fail[ed] to state a claim,” id,., we hold that El-Shaddai has not incurred three strikes, and we reverse the contrary, decision of the district court.
FACTS AND PROCEDURAL BACKGROUND
El-Shaddai is a prisoner incarcerated in California. In 1976, before his incarcera tion, he was injured in a car accident. As a result of his accident, El-Shaddai suffers from chronic back pain and related health issues. Since at least 2007, he has received a variety of accommodations for his conditions, including a bottom bunk, a back brace, orthopedic shoes, special bedding, and lifting restrictions.