Tierney v. Kupers

T.G. NELSON, Circuit Judge:

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…