Legal Opinion

Henry Gibbs, Jr. v. Ms. Marcia Roman, Sci Somerset Librarian, United States of America, Intervenor

Court of Appeals for the Third Circuit

Decided June 6, 1997No. 96-3534PublishedCited by 131 opinions

1Opinion of the Court

OPINION OF THE COURT

GARTH, Circuit Judge.

Appellant Henry Gibbs appeals from the final order of the district court dismissing his § 1983 suit under the “three strikes rule” of the Prison Litigation Reform Act, 28 U.S.C. § 1915(g). 1 We will vacate the district court’s order and remand for further proceedings.

I

Appellant Henry Gibbs, a prisoner who filed his complaint pro-se but is presently represented by counsel, brings this § 1983 action against Marcia Roman, the librarian at SCI-Somerset. Gibbs was formerly incarcerated at SCI-Somerset. Gibbs alleges that defendant Roman violated his…

2Cases cited4 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Denton v. HernandezSupreme Court of the United States · 1992
  3. Nami v. FauverCourt of Appeals for the Third Circuit · 1996
  4. Tobye R. Markowitz, Individually and on Behalf of All Others Similarly Situated v. Northeast Land Company. Appeal of Tobye R. MarkowitzCourt of Appeals for the Third Circuit · 1990

3Cited by131 opinions

  1. Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j)Court of Appeals for the Third Circuit · 1999
  2. Andrews v. CervantesCourt of Appeals for the Ninth Circuit · 2007
  3. Chavis v. ChappiusCourt of Appeals for the Second Circuit · 2010
  4. Ricky Ashley v. E. Dilworth, Co-1, Maximum Security UnitCourt of Appeals for the Eighth Circuit · 1998
  5. White v. ColoradoCourt of Appeals for the Tenth Circuit · 1998

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