Waseem Daker v. Theodore Jackson, Sheriff, Fulton County, Georgia, et al.

The Prison Litigation Reform Act “three-strikes” provision 28 U.S.C. § 1915(g), bars a prisoner from fil­ ing a civil action in forma pauperis (IFP), if he has had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim. Pe­ titioner has three strikes. He filed a civil action in which he claimed violations of his First Amendment rights to free speech, religious exercise, and right of access to the courts, and he moved to proceed IFP. The district court rejected his constitutional challenges to § 1915(g) and dismissed his case. The questions pre­ sented are as follows I. Whether the Prison Litigation Reform Act “three-strikes” provision, 28 U.S.C. § 1915(g), is un­ constitutional as applied to deny a prisoner access to courts with which to vindicate First Amendment rights. II. Whether the Prison Litigation Reform Act “three-strikes” provision, 28 U.S.C. § 1915(g), violates the First Amendment “breathing space” principle.