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Orvel Winston Lloyd v. Charity Benton

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Before DUBINA, Chief Judge, EDMONDSON, Circuit Judge, and RESTANI,*fn1 Judge.

Appellants Charity Benton, Patricia A. Smith, and Gail Zucker (“Appellants”) appeal the district court’s order remanding Appellee Orvel W. Lloyd’s civil rights lawsuit to Florida state court. Appellants properly removed the case to the Middle District of Florida pursuant to 28 U.S.C. §§ 1441, 1446. Although the district court recognized Appellants’ right to remove the action to federal court, the district court determined that allowing Lloyd to proceed in federal court would contravene the Prison Litigation Reform Act (“PLRA”) which bars “three strikes” prisoner litigants like Lloyd from bringing civil suits in federal court as indigents. See 28 U.S.C. § 1915(g). After reviewing the district court’s order and the parties’ briefs, and having the benefit of oral argument, we vacate the district court’s order and remand this case for further proceedings consistent with this opinion.

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