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Marvin Glenn Hollis v. A. Gorby

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 3, 2011

MARVIN GLENN HOLLIS, PLAINTIFF,
v.
A. GORBY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

On July 29, 2011, defendants filed a request for reconsideration of the order filed July 15, 2011 denying defendants' motion to revoke plaintiff's in forma pauperis status.*fn1

Defendants assert the court erred in finding that Hollis v. Evans, Ninth Circuit Case No. 08-15037 does not constitute a "strike" under 28 U.S.C. § 1915(g).*fn2

The court has reviewed the order entered July 15, 2011 and discovered that a change in the law renders one of the two actions deemed "strikes" to no longer be a "strike." The court found that Hollis v. Villanueus, 3:07-cv-04538 THE constitutes a "strike." Later in the order, the court notes that the appeal of that action, Hollis v. Villanueus, Ninth Circuit Case No. 09-15523, was dismissed on August 26, 2009. Because the appeal of Villanueus was not final until after this case was brought in June of 2009, the trial court's dismissal cannot constitute a "strike" under 28 U.S.C. § 1915(g) for purposes of this action. Silva v. Di Vittorio, No. 08-15620, 2011 WL 4436248 at *6 (9th Cir. Sept. 26, 2011). Therefore, the court has no cause to reconsider whether Hollis v. Evans, constitutes a "strike."*fn3

In accordance with the above, IT IS HEREBY ORDERED that defendants' July 29, 2011 motion for reconsideration is denied.

1 holl1627.850


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