Krier

MEMORANDUM *

Stephen Krier appeals the district court’s dismissal of his first amended § 1983 complaint against Defendant-Appellant King County Jail (“King County”) for failure to state a claim upon which relief can be granted. We have jurisdiction under 28 U.S.C. § 1291 to review the district court’s order dismissing Krier’s complaint without leave to amend, and we reverse.

I

Notwithstanding the arguments of King County and amicus, the Attorney General of Washington, we have jurisdiction to review Krier’s in forma pauperis appeal despite the district court’s certification that the appeal was not brought in good faith. See 28 U.S.C. § 1915 (a)(3) (stating that “[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith”). A motions panel of this Court correctly determined that the district court’s certification was questionable. The district judge's certification was based on his statement that Krier had three strikes *297 under 28 U.S.C. § 1915 (g). That provision states:

However, the district court erred in counting Krier’s dismissal in the instant case as a strike under § 1915(g). See Thompson v. Drug…