Leonard Wayne Taylor v. Florida Dept. of Corrections

U.S. Court of Appeals for the Eleventh Circuit
Leonard Wayne Taylor v. Florida Dept. of Corrections, 440 F. App'x 915 (11th Cir. 2011)

Leonard Wayne Taylor v. Florida Dept. of Corrections

Opinion

PER CURIAM:

Leonard Wayne Taylor, a federal prisoner, appeals pro se the dismissal without prejudice of his complaint under the “three strikes” provision of the Prison Litigation Reform Act. 28 U.S.C. § 1915(g). The provision prohibits a prisoner from filing a civil action if he has, “on 3 or more prior occasions, ... brought an action or appeal ... that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted.” Id. When Taylor filed his complaint on October 15, 2010, the district court had dismissed only two civil actions filed by Taylor. See Taylor v. Germany, D.C. Docket No. 98-cv-00263; Taylor v. Germany, D.C. Docket No. 98-cv-00305. The district court dismissed Taylor’s third civil action afterward on October 29, 2010, see Taylor v. Miami-Dade Cnty. Dep’t of Corr., D.C. Docket No. 09-cv-23715, which does not count as a “strike” against Taylor under section 1915(g). We VACATE the judgment dismissing Taylor’s complaint, and we REMAND for further proceedings.

VACATED AND REMANDED.

Reference

Full Case Name
Leonard Wayne TAYLOR, Plaintiff—Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS, J.H. KINNEY, Sergeant, Warden, Hamilton Correctional Institution, M. Stevenson, Classification Officer (Former Sergeant), Secretary, DOC, Et Al., Defendants—Appellees
Status
Unpublished