Elbert Welch v. Jim Galie

Plaintiff Elbert Welch moves for in for-ma pauperis status and assignment of counsel in his appeal from a judgment of the United States District Court for the Northern District of New York (Thomas J. McAvoy, Chief Judge) dismissing his civil complaint pursuant to 28 U.S.C. § 1915(g). 1 The issue presented by his motion, as a matter of first impression for this Court, is whether a lawsuit that was dismissed prior to enactment of § 1915(g) may nevertheless be counted for the purposes of determining whether the provision applies. We hold that such a lawsuit may be counted and therefore deny…