Shepherd v. Annucci

Richard J. Sullivan, Circuit Judge:

*92Plaintiff-Appellant Eon Shepherd appeals from the judgment of the United States District Court for the Western District of New York (Larimer, J .), which dismissed his pro se complaint with prejudice as a sanction for misrepresenting his litigation history. The district court also determined that Shepherd was barred from proceeding in forma pauperis because he had accumulated three strikes under 28 U.S.C. § 1915(g), and was not in "imminent danger of serious physical injury," id . On appeal, Shepherd argues that the district court abused its discretion by…