Mills v. Fischer

DENNIS JACOBS, Chief Judge:

Plaintiff-Appellant Richard Mills, pro se and incarcerated, moves for leave to proceed in forma pauperis (“IFP”) and for appointment of counsel in this appeal from an order of the United States District Court for the Western District of New York (Arcara, J.) that dismissed his 42 U.S.C. § 1983 complaint.

I

Under the Prison Litigation Reform Act (“PLRA”), a prisoner who accumulates three “strikes” (dismissed actions that were “frivolous, malicious, or fail[ed] to state a claim”) is barred from bringing additional civil actions or appeals in forma pauperis, unless she…