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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47158 Judges Van Graafeiland, Leval and Calabresi PLAINTIFF APPEALED from a district court dismissal of his 42 USC �1983 action and imposition of sanctions. Plaintiff, a state prisoner, had alleged that mail room personnel at the Great Meadow Correctional Facility deliberately delayed the mailing of certain of his submissions in an ongoing federal action causing him to miss a court deadline, which led to the suit’s dismissal, and that they misplaced and sent to the wrong city a birthday card he wrote to a relative. The district court dismissed the claims with prejudice and, based on previous warnings about frivolous lawsuits and misrepresentations in the complaint, imposed a sanction of $150 and issued “one strike” against plaintiff pursuant to 28 USC �1915(g). The U.S. Court of Appeals for the Second Circuit vacated the matter with respect to the “one strike” order, concluding that district courts should not issue such strikes one by one, in their orders of judgment, as they dispose of suits that may ultimately qualify as strikes under the terms of �1915(g).

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