Tierney
Tierney v. Kupers
Opinion
Lead Opinion
Nelson, J.
A 1996 amendment to 28 U.S.C.' § 1915 limited the ability of prisoners, if they had filed three previous actions dismissed as frivolous, to proceed informa pauperis in order to avoid paying filing fees. 28 U.S.C. § 1915 (g). Washington state prisoner Michael Tierney appeals pro se the district court’s dismissal, pursuant to that section, of his 42 U.S.C. § 1983 actions. We have jurisdiction pursuant to 28 U.S.C. § 1291 . Because we conclude that the § 1915(g) calculation includes claims dismissed prior to the effective date of the statute, we affirm.
I.
Effective April 26, 1996, Congress enacted the Prison Litigation Reform Act (“PLRA”). Pub.L. No. 104-134, § 804 (g), 110 Stat. 1321 (1996). In part, the PLRA amended the portion of 28 U.S.C. § 1915 which deals with “proceedings in forma pauperis.” Specifically, the new law prohibited prisoners from bringing a civil action or appeal in forma pauperis
28 U.S.C. § 1915 (g).
On November 5, 1996, Tierney, a prisoner, filed two actions under 42 U.S.C. § 1983 , both of which were accompanied by applications to proceed in forma pauperis. Prior to filing his present § 1983 actions, Tierney filed six other actions, while incarcerated in…