Moore

Plaintiff Larry L. Moore is a frequent filer of lawsuits and is indigent. In this action, Plaintiff seeks money damages and other relief against Defendant Maricopa County Sheriffs Office resulting from alleged mistreatment of Plaintiff when he was a prisoner. As Plaintiff had done several times before, he sought to proceed in forma pauperis (“IFP”) in this case. The district court held that four previous actions filed by Plaintiff qualified as “strikes” under 28 U.S.C. § 1915 (g) and, therefore, denied Plaintiff IFP status. Plaintiff timely appeals. Because only two of the four dismissals identified by the district court qualify as “strikes” under the statute, we reverse and remand for further proceedings.

“Plaintiffs normally must pay $350 to file a civil complaint in federal district court, but 28 U.S.C. § 1915 (a)(1) allows the district court to waive the fee, for most individuals unable to afford it, by granting IFP status.” Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir.2007) (citation omitted). All persons, not just prisoners, may seek IFP status. Id. at 1052 n. 1.‘

But a prisoner faces an additional hurdle. In a statutory provision “nicknamed the…