Legal Opinion
Lopez v. Smith
Court of Appeals for the Ninth Circuit
Decided February 10, 2000No. 97-16987PublishedCited by 10,244 opinions
1Opinion of the Court
Opinion by Judge MICHAEL DALY HAWKINS; Concurrence by Judge RYMER; Dissent by Judge SNEED.
MICHAEL DALY HAWKINS, Circuit Judge:
The Prison Litigation Reform Act of 1995 (“PLRA”) provides that a district court “shall dismiss” an in forma pauperis complaint “if the court determines that ... the action or appeal ... fails to state a claim on which relief may be granted.” Pub.L. No. 104-134, § 804(a)(5), 110 Stat. 1321, 1321-74 (1996), codified at 28 U.S.C. § 1915(e)(2) (1996). We took this case en banc to decide whether that provision deprives a district court of its historical discretion to…
2Cases cited34 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Neitzke v. WilliamsSupreme Court of the United States · 1989
- Foman v. DavisSupreme Court of the United States · 1962
- Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
- Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 1997
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3Cited by10,244 opinions
- Norman Grayson v. Mayview State Hospital Allegheny County Jail Camp Hill Prison United States of America, IntervenorCourt of Appeals for the Third Circuit · 2002
- Raymond Watison v. Mary CarterCourt of Appeals for the Ninth Circuit · 2012
- Javiad Akhtar v. J. MesaCourt of Appeals for the Ninth Circuit · 2012
- Tara Luevano v. Walmart Stores, IncorporatedCourt of Appeals for the Seventh Circuit · 2013
- Andrews v. KingCourt of Appeals for the Ninth Circuit · 2005
10,239 more not listed; retrieve them via the Exa API.