Parker v. Montgomery County Correctional Facility

OPINION

SMITH, Chief Judge.

This appeal requires us to answer a question about the “three strikes rule” of the Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915(g), which was left unresolved by the Supreme Court in Coleman v. Tollefson, — U.S. -, 135 S.Ct. 1759, 191 L.Ed.2d 803 (2015): may an indigent prisoner appealing a District Court’s imposition of his “third strike” proceed in forma pauperis (“IFP”) for that appeal without demonstrating that he is in imminent danger of serious physical injury? We conclude, based upon the plain text of the statute, and guided by the Supreme Court’s…