[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 11-10714
SEPTEMBER 22, 2011
Non-Argument Calendar
JOHN LEY
________________________ CLERK
D.C. Docket No. 2:10-cv-00641-CEH-SPC
LEONARD WAYNE TAYLOR,
llllllllllllllllllllllllllllllllllllllll Plaintiff - Appellant,
versus
FLORIDA DEPARTMENT OF CORRECTIONS,
J. H. KINNEY,
Sergeant,
WARDEN, HAMILTON CORRECTIONAL INSTITUTION,
M. STEVENSON,
Classification Officer (former Sergeant),
SECRETARY, DOC, et al.,
llllllllllllllllllllllllllllllllllllllll Defendants - Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(September 22, 2011)
Before WILSON, PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Leonard Wayne Taylor, a federal prisoner, appeals pro se the dismissal
without prejudice of his complaint under the “three strikes” provision of the Prison
Litigation Reform Act. 28 U.S.C. § 1915(g). The provision prohibits a prisoner
from filing a civil action if he has, “on 3 or more prior occasions, . . . brought an
action or appeal . . . that was dismissed on the grounds that it is frivolous,
malicious, or fails to state a claim upon which relief may be granted.” Id. When
Taylor filed his complaint on October 15, 2010, the district court had dismissed
only two civil actions filed by Taylor. See Taylor v. Germany, D.C. Docket No.
98-cv-00263; Taylor v. Germany, D.C. Docket No. 98-cv-00305. The district
court dismissed Taylor’s third civil action afterward on October 29, 2010, see
Taylor v. Miami-Dade Cnty. Dep’t of Corr., D.C. Docket No. 09-cv-23715, which
does not count as a “strike” against Taylor under section 1915(g). We VACATE
the judgment dismissing Taylor’s complaint, and we REMAND for further
proceedings.
VACATED AND REMANDED.
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