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Clifford R. Pigg, and Stephen G. Glover v. Federal Bureau of Investigation
Citations: 106 F.3d 1497; 1997 U.S. App. LEXIS 2711; 1997 WL 63004Docket: 96-1440
Court: Court of Appeals for the Tenth Circuit; January 13, 1997; Federal Appellate Court
The Tenth Circuit Court of Appeals addressed the district court's denial of Clifford R. Pigg's request to appeal in forma pauperis, citing 28 U.S.C. § 1915(g). The district court had based its decision on the belief that Pigg had three prior cases dismissed as frivolous or failing to state a claim. However, the appellate court found that one of the cases cited was the current case being appealed, which should not have been counted as a prior dismissal under the statute. The court emphasized that “prior” actions must be those that occurred before the current case, and thus the district court erred in its assessment. The appellate court noted the importance of the plain language of the law regarding the definition of “prior” and indicated that statutory interpretation must adhere to these definitions. Consequently, the case was partially remanded to the district court to verify whether Pigg indeed has three valid prior cases that would affect his in forma pauperis status. If not, the court is instructed to reconsider his application for in forma pauperis status.