[Download] "Brown v. James" by Commonwealth Court of Pennsylvania * Book PDF Kindle ePub Free
eBook details
- Title: Brown v. James
- Author : Commonwealth Court of Pennsylvania
- Release Date : January 23, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Alton D. Brown, a prisoner proceeding pro se, appeals from the May 15, 2002 order of the Court of Common Pleas of Allegheny County (trial court) that denied, pursuant to Section 6602(f)(1) of the Judicial Code (Code), 42 Pa. C.S. §6602(f)(1), Browns request for leave to proceed in forma pauperis on his petition for writ of mandamus. Section 6602(f)(1), also known as the "three strikes" rule, authorizes the trial court to dismiss prison condition litigation brought by a "frequent filer" prisoner if the prisoner has filed previous "prison conditions litigation" and three or more of those actions have been dismissed pursuant to Section 6602(e)(2) of the Code, 42 Pa. C.S. §6602(e)(2). That section provides that prison litigation may be dismissed if frivolous, if it fails to state a claim upon which relief may be granted or if the defendant is entitled to assert a valid affirmative defense, including immunity, which, if asserted, would preclude relief. For the reasons that follow, we affirm the order of the trial court.
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