Plaintiff-Appellant George Chavis brought suit in the United States District Court for the Western District of New York, claiming, inter alia, that he had been beaten and denied medical treatment by staff members and officials of South-port Correctional Facility (“Southport”), where he was incarcerated. Chavis sought leave to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915. The District Court (Elfvin, J.) denied Chavis’s motion, holding that Chavis had three “strikes” under § 1915(g) and had failed to allege an imminent danger of serious physical injury. The Court gave Chavis an opportunity to pay the filing fee, on pain of dismissal. Rather than pay the filing fee, Chavis filed a motion for leave to amend his complaint, making new allegations of threats and intimidation by Southport personnel; subsequently, he filed a motion seeking a preliminary injunction and temporary restraining order, claiming that the threats had been repeated on numerous occasions. The District Court (Siragusa, J.) construed Chavis’s filings as a motion for reconsideration, denied the motion, and dismissed the complaint.
On appeal, Chavis argues that the District Court (1) miscounted his prior strikes, attributing two strikes to one case in which both Chavis’s complaint and his subsequent appeal therefrom were dismissed as frivolous; (2) erred in finding that his original complaint did not allege *165 imminent danger of serious physical injury; and (3) abused its discretion in denying leave to amend. We disagree with Chavis’s first contention — resolving a previously open question in this Circuit — and hold that an incarcerated plaintiff incurs two strikes when a complaint and a subsequent appeal are independently dismissed for grounds listed in § 1915(g). But we agree that the District Court abused its discretion in denying leave to amend, and therefore remand. Because Chavis’s complaint as supplemented by the facts added in his motions might well satisfy the imminent danger standard, we need not decide whether his original complaint would similarly have sufficed. Accordingly, we VACATE and REMAND to the District Court to allow amendment.
I. Background
A. Proceedings in the District Court
On August 10, 2006, George Chavis filed a pro se complaint against more than three dozen staff members and officials of South-port Correctional Facility (collectively, “Defendants”), where he was then incarcerated. 1 Alleging that the defendants had committed a wide variety of wrongs, he sought relief under 42 U.S.C. § 1983 and the First, Sixth, Eighth, and Fourteenth Amendments. For present purposes, the only relevant allegations are those in which Chavis describes physical injury, threats of violence, and deprivation of medical treatment. He claimed that eight officers severely beat him on July 17, 2006 in retaliation for his filing grievances alleging prior misconduct by prison officials. This attack came shortly after Chavis received a threat of physical abuse. 2 He also asserted that a similar assault took place a year earlier, on August 12, 2005.
Chavis also alleged that, from November or December 2005 to May 2006, he was denied treatment for hepatitis B along with other needed medications, supplements, and medically issued clothing. Later in his complaint, he stated that “[o]n 100 numerous separate dates from this present date of civil suit activation dating back nearly eight to ten months” a medical staff member named Walsh had denied “emergency medical needs and prescription refills needs [sic],” which allegedly resulted in “extreme cruel and unusual punishment and further an atypical and significant hardship.”
Along with his complaint, Chavis sought leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). In an order docketed on October 23, 2006, the District Court (Elfvin, J.) denied Chavis’s motion. Under § 1915(g), a prisoner is barred from proceeding IFP if he or she has on three 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, unless the prisoner is under imminent danger of serious physical injury.” The District Court found that Plaintiff had three such “strikes”: (1) Chavis v. Charnes, No. 99-CV-05072 (S.D.N.Y. July 14, 1999), a complaint dismissed by the district court because it lacked an arguable basis in law or fact; (2) the subsequent appeal in Chames, which was dismissed by the Second Circuit as frivolous, see No. 99-0265 (2d Cir. Feb. 25, 2000); and (3) Chavis v. Cunningham, No. 04-2814-pr (2d Cir. Mar. 11, 2005), in which the Second Circuit *166 dismissed as frivolous an appeal from a grant of summary judgment in defendants’ favor. 3 The District Court also found that “none of the [complaint’s] wholly conclusory allegations rise to the level of imminent danger of serious physical injury.” Accordingly, the District Court held that the complaint must be dismissed unless plaintiff paid the filing fee by November 28, 2006.
On November 8, 2006, Chavis responded by filing a motion for leave to amend, emphasizing that he was in fact “in imminent danger of physical injury.” Although he did not assert other violent incidents, he claimed, inter alia, that one of the officers involved in the July 17 beating had “visit[ed] Plaintiff[’s] new SHU-solitary cell verbally threatening to assault Plaintiff again” and that another had “visit[ed] Plaintiff[’s] SHU-solitary cell for intimidation reasons.” Subsequently, on February 16, 2007, Chavis filed a motion seeking an order to show cause why a preliminary injunction should not issue. In his motion, Chavis claimed “repeated verbal threats of injury/death by defendants ... without cease,” citing to four newly filed grievances “and nearly a dozen more dated in this new year of 2007.”
On May 10, 2007, the District Court (Siragusa, J.) denied both motions and ordered the complaint dismissed. Despite Chavis’s explicit statement that he was not filing a motion for reconsideration, the District Court viewed the motion to amend as “in substance a motion to reconsider the October 24, 2006 Order,” because most of the motion attempted to distinguish the case from a Second Circuit case upon which the District Court relied in concluding that the “imminent danger” exception did not apply. Considering the motion as such, the District Court found no reason to reexamine the October 24 order and therefore denied the motion to amend and dismissed the complaint for failure to pay the filing fee; the motion for a preliminary injunction was therefore deemed moot and hence appropriately dismissed.
B. Arguments on Appeal
Chavis timely appealed. The Second Circuit granted Chavis leave to proceed IFP and appointed counsel, directing counsel to address whether “(1) each case the district court cited as a strike was actually dismissed as frivolous, malicious, or for failure to state a claim; and (2) if a district court case that is a strike and an appeal therefrom that is also a strike should be counted as one or two strikes.” Chavis concedes that the three cases on which the District Court principally relied were dismissed on grounds listed in § 1915(g), but argues that they only count as two strikes, because a district court dismissal of a complaint and a circuit court dismissal of an appeal in the same action “are sequential proceedings in a single case and therefore are part of one ‘action’ for purposes of 28 U.S.C. § 1915(g).” As a result, Chavis argues, he had only two strikes at the time of filing and was not barred from proceeding IFP. Additionally, Chavis contends (a) that the District Court erred in concluding that his complaint did not allege an imminent danger of serious physical injury, and (b) that it abused its discretion in denying leave to file an amended complaint.
Because Defendants were never served, they are not parties to this appeal. In *167 their stead, the State of New York (“the State”) filed an amicus brief to address the issue of whether the dismissals of a district court case and an appeal therefrom count as one or two strikes. The State argues that § 1915(g) treats the dismissal of suits and of their appeals as separate strikes. The amicus brief does not address the other issues raised in Chavis’s appeal: whether Chavis alleged an imminent danger and whether his motion to amend was properly denied.
II. Discussion
A. Standard of Revieio
We review
de novo
a district court’s ruling pursuant to 28 U.S.C. § 1915(g),
Polanco v. Hopkins,
B. Section 1915(g)’s “Three Strikes” Rule
As amended by the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C. § 1915 allows indigent prisoners to defer paying filing fees under a structured payment plan. See 28 U.S.C. § 1915(b). Section 1915(g), however, denies this option to so-called “frequent filers,” prisoners who have repeatedly brought legal claims dismissed as frivolous, malicious, or not stating a claim; such litigants must pay the filing fee upfront. The provision reads:
In no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.
Id.
§ 1915(g). At issue in this case is whether a plaintiff incurs one strike or two when he (1) files a complaint that is dismissed on one of the listed grounds and then (2) appeals that dismissal, only to have the appeal dismissed, also on one of the listed grounds. The question, thus, is: does § 1915(g), in referring to occasions on which a plaintiff “brought an action or appeal,” use “action” to refer
only
to proceedings before the district court; or, as Chavis argues, does “action” mean the entire course of a lawsuit, leaving “appeal” to refer solely to cases in which a plaintiff appeals a non-strike district court disposition? Every circuit court to address the matter has held that sequential dismissals count as two strikes.
See Jennings v. Natrona County Det. Ctr. Med. Facility,
Under this language, bringing an action and filing an appeal are separate acts. One could be frivolous, the other not. Having been told that his complaint is frivolous, a prisoner must decide whether to appeal. Prisoners who learn from their mistakes will suffer one strike, at most, in a case. Obstinate or malicious litigants who refuse *168 to take no for an answer incur two strikes. That approach not only comports with the statutory language but also fortifies the deterrence of frivolous activities in litigation.
Newlin v. Helman,
This majority position is the most natural reading of § 1915(g). In isolation, the word “action” is ambiguous, as it is commonly used both broadly, to refer to an entire lawsuit, and narrowly, to refer to a subpart of a lawsuit.
Black’s Law Dictionary,
for example, defines “action” as “[a] civil or criminal judicial proceeding,” but then goes on to define “proceeding” as both “all acts and events between the time of commencement and the entry of judgment” and “[a]n act or step that is part of a larger action.” Black’s Law Dictionary 32,1324 (Bryan A. Garner ed.2009). Given that § 1915(g)’s phrase “action or appeal” disjunctively juxtaposes “action” and “appeal,” it seems most natural to read them as connoting two separate parts of one larger lawsuit.
Cf. Pettus v. Morgenthau,
This remains so even though Congress used the phrase “any suit, action or proceeding, civil or criminal, or appeal
therein
” elsewhere in § 1915.
See
28 U.S.C. § 1915(a) (emphasis added). While Chavis argues that the use of the word “therein” shows that an appeal is part of an action for the purposes of § 1915, the use of the word can just as readily support the opposite conclusion: that the drafters of §
1915
intended an appeal to be considered separately from the larger action, notwithstanding the fact that an appeal is in some sense “in” an action. Chavis’s reading, by contrast, would require us to read a major limitation into § 1915(g) where it is now silent, and to convert “brought an action or appeal” into something like “brought an action or an appeal of an action not otherwise covered by this provision.” This we should not do.
See, e.g., United States v. Whitley,
Chavis argues that the reading adopted by all the aforementioned circuit courts would lead to an unintended and untoward result. He asserts that if an action is treated separately from an appeal, a district court dismissal that counts as a third strike would effectively be unreviewable; the losing plaintiff would be incapable of proceeding IFP on appeal and hence, practically speaking, would not be able to avail herself of her right to appellate review. Interpreting “action” as comprising a single course of events ending only at the close of the appellate proceedings would, by contrast, avoid this problem.
*169
Were Chavis right that the seemingly natural reading of § 1915(g) would have this effect, we might seriously consider a less obvious construction.
See id.
at 156 (“[WJhere the literal meaning of a statute yields an illogical result or one manifestly not intended by the legislature, departure from strict adherence to statutory text may be warranted.”). But Chavis’s concern is unfounded. There are few principles of judicial review more well-established than the rule that appellate courts consider legal questions (such as whether a prisoner is barred from seeking IFP status,
see Polanco,
For these reasons, we hold that sequential dismissals on strike grounds can provide separate strikes under § 1915(g). 6 Turning to the instant case, we conclude that the District Court rightly concluded that Chavis had three strikes. The Chames case, in which both Chavis’s district court complaint and his subsequent appeal were dismissed on grounds listed in § 1915(g), provided two strikes, while the Cunningham case provided a third. Hence, Chavis could not proceed IFP unless his complaint alleged “imminent danger of serious physical injury,” a question which we now address.
C. Imminent Danger of Serious Physical Injury
Under § 1915(g), a prisoner can proceed IFP even after incurring three strikes if his complaint alleges an “imminent danger of serious physical injury.” An imminent danger is not one “that has dissipated by the time a complaint is filed,”
Pettus,
Chavis was proceeding
pro se
in the District Court; we therefore construe his complaint liberally and interpret it “to raise the strongest arguments that [it] suggest[s].”
Harris v. City of N.Y.,
Under these guiding principles, Chavis’s original complaint presents a close question. Fortunately, we need not address that question, because Chavis’s complaint as he sought to amend it would seemingly have alleged imminent danger.
See Khulumani v. Barclay Nat’l Bank Ltd.,
We have no trouble concluding that the District Court abused its discretion in denying Chavis leave to amend his complaint. Chavis’s attempt to expand upon his complaint stated that one of the officers who had allegedly beaten him on July 17 had “verbally threatened] to assault [him] again,” and that another of those officers had visited his cell “for intimidation reasons.” This by itself would appear to be sufficient to allege imminent danger of serious physical injury. An allegation of a recent brutal beating, combined with three separate threatening incidents, some of which involved officers who purportedly participated in that beating, is clearly the sort of ongoing pattern of acts that satisfies the imminent danger exception.
See, e.g., Ashley v. Dilworth,
Accordingly, it appears that Chavis’s complaint — had he been allowed amendment — might very well have satisfied the imminent danger exception, and we vacate and remand the decision of the District Court to allow that amendment.
Two further aspects of the District Court’s rejection of Chavis’s motion merit discussion, however. First, the District Court treated the motion for leave to amend as a motion for reconsideration, because “[mjost of the discussion ... in the motion” tends in that direction. But in construing a motion for leave to amend, the proper consideration is not the overall thrust of the movant’s papers; rather, it is whether the motion also describes facts, however few, that could render the claim plausible following an amendment. Second, the District Court appeared to rely on its conclusion that Chavis’s litigious history belies his claim to have “only a ‘layman’s knowledge of the law.’ ” But even if a
pro se
plaintiffs experience with the law could deprive him of the normal deference given to
pro se
litigants, a counseled party’s motion to amend is generally denied only for “futility, undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by amendments previously allowed, or undue prejudice to the non-moving party,”
Burch v. Pioneer Credit Recovery, Inc.,
D. What Claims May Proceed Upon a Finding of Alleged Imminent Danger
We address one final matter in the interest of judicial economy, since it appears likely to arise upon remand.
See Cameron v. City of N.Y.,
The matter can be resolved quite easily based on the plain language of § 1915. Its provisions refer to a prisoner bringing “a civil action,” rather than individual claims. See 28 U.S.C. §§ 1915(a)(2), 1915(g). Nothing in the text of § 1915 provides any justification for dividing an action into individual claims and requiring a filing fee for those that do not relate to imminent danger. All four circuit courts to consider the question have, accordingly, found that a plaintiff filing IFP on the basis of the imminent danger exception can proceed with all claims in her complaint, *172 7 and we agree. 8
III. Conclusion
The order of the District Court is hereby VACATED and REMANDED to allow amendment of Chavis’s complaint.
Notes
. Chavis was subsequently transferred to Elmira Correctional Facility, although he has since returned to Southport.
. Chavis attributes these threats to a defendant named Gleason. But he did not name any Gleason as a defendant, and it is unclear who this individual is.
. In a footnote, the District Court noted a fourth case “which should count as a strike,"
Chavis v. Kienert,
No. 03-CV-0039,
. In
Thompson v. DEA,
. In passing, Chavis cites
Pettus,
in which we described the three strikes rule as applying "[o]nce three of an indigent prisoner’s
lawsuits
have been dismissed [on listed grounds].”
Pettus,
. We note that, in so holding, we expressly do not hold that when an appellate court holds an appeal frivolous and states that the initial complaint also was, this constitutes two strikes in the absence of an earlier district court ruling to that effect.
.
See Andrews,
. Nothing we hold today with respect to the three-strikes provision of § 1915 disturbs the district courts' obligations under the PLRA to screen out and dismiss complaints, or portions thereof, which fail to state a claim or are frivolous or malicious.
See
28 U.S.C. §§ 1915(e)(2)(B), 1915A;
see also Andrews v. Cervantes,
