Legal Opinion

Mitchell v. Federal Bureau of Prisons

Court of Appeals for the D.C. Circuit

Decided November 20, 2009No. 05-5420PublishedCited by 50 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Challenging the conditions of his incarceration, and having been denied informa pauperis (IFP) status by the district court, appellant now seeks to proceed IFP on appeal. Although appellant has only two “strikes” and thus faces no Prison Litigation Reform Act (PLRA) bar to IFP status, we find that he qualifies as an abusive filer under Butler v. Department of Justice, 492 F.3d 440 (D.C.Cir.2007), in which we denied IFP status to a prisoner who, though not technically barred by the PLRA, had nonetheless abused the…

2Cases cited16 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Andrews v. CervantesCourt of Appeals for the Ninth Circuit · 2007
  4. Ricky Ashley v. E. Dilworth, Co-1, Maximum Security UnitCourt of Appeals for the Eighth Circuit · 1998
  5. Pettus v. MorgenthauCourt of Appeals for the Second Circuit · 2009

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3Cited by50 opinions

  1. Turley v. GaetzCourt of Appeals for the Seventh Circuit · 2010
  2. Jeremy Pinson v. Charles SamuelsCourt of Appeals for the D.C. Circuit · 2014
  3. Jones v. SmithCourt of Appeals for the Second Circuit · 2013
  4. Buie v. BerrienDistrict Court, District of Columbia · 2015
  5. Fourstar v. Garden City Group, Inc.District Court, District of Columbia · 2017

45 more not listed; retrieve them via the Exa API.

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