Hoffmann v. Pulido

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The Ninth Circuit vacated the district court's order dismissing a 42 U.S.C. 1983 action brought by plaintiff, a state prisoner, for failure to pay the required filing fee. The district court concluded that at least three of plaintiff's prior actions were dismissed based on failure to state a claim or because they were frivolous. Therefore, the district court held that 28 U.S.C. 1915(g) barred plaintiff from bringing this action in forma pauperis. The panel held, however, that one of plaintiff's previous actions was not dismissed for a qualifying reason under section 1915(g). The previous action was dismissed for lack of standing and dismissal for lack of standing is a dismissal for lack of subject matter jurisdiction, which was not a ground enumerated in section 1915(g). Therefore, the panel remanded for further proceedings. View "Hoffmann v. Pulido" on Justia Law