Robinson v. Houston

An interlocutory appeal is not authorized under Nebraska’s “three strikes” prison litigation statute, Neb. Rev. Stat. 25-3401, which prohibits a prisoner who has previously filed at least three frivolous civil actions from proceeding in forma pauperis (IFP) without leave of court.In this action alleging civil rights violations relating to Appellant’s treatment by prison officials and the conditions of his confinement, the district court initially sustained Appellant’s motion to proceed IFP. Upon Appellees’ motion to reconsider, the district court vacated the prior order allowing Appellant to proceed IFP pursuant to the “three strikes” provision because Appellant had previously filed three district court cases in which he had been denied IFP status. Appellant appealed. The Supreme Court dismissed for lack of jurisdiction Appellant’s interlocutory appeal, holding that neither section 25-3401 nor the general IFP statute statute provides a right to interlocutory appeal of a “three strikes” denial. View "Robinson v. Houston" on Justia Law