Legal Opinion
David Orr v. Tom Clements
Court of Appeals for the Eighth Circuit
Decided August 20, 2012No. 12-1422PublishedCited by 123 opinions
1Opinion of the Court
COLLOTON, Circuit Judge.
Missouri inmate David Orr moves for leave to proceed in forma pauperis in this appeal. The district court dismissed Orr’s civil rights action before service of process, pursuant to 28 U.S.C. § 1915A, for failure to state a claim upon which relief may be granted. We conclude that Orr is ineligible under 28 U.S.C. § 1915(g) to proceed in forma pauperis on appeal, and we therefore deny the motion.
In the Prison Litigation Reform Act of 1996, Congress enacted what is commonly described as the “three strikes” provision of § 1915(g). It provides:
In no event shall a prisoner…
2Cases cited14 opinions
- Ricky Ashley v. E. Dilworth, Co-1, Maximum Security UnitCourt of Appeals for the Eighth Circuit · 1998
- O'NEAL v. PriceCourt of Appeals for the Ninth Circuit · 2008
- McLean v. United StatesCourt of Appeals for the Fourth Circuit · 2009
- Patton v. Jefferson Correctional CenterCourt of Appeals for the Fifth Circuit · 1998
- Jeffery Paul v. Helen MarberryCourt of Appeals for the Seventh Circuit · 2011
9 more not listed; retrieve them via the Exa API.
3Cited by123 opinions
- Lomax v. Ortiz-MarquezSupreme Court of the United States · 2020
- Kareem Millhouse v. Susan HeathCourt of Appeals for the Third Circuit · 2017
- Paisley Park Enters., Inc. v. BoxillDistrict Court, D. Maine · 2019
- Kerr v. PolisCourt of Appeals for the Tenth Circuit · 2021
- World Fuel Services v. Nambe Pueblo DevelopmentDistrict Court, D. New Mexico · 2019
118 more not listed; retrieve them via the Exa API.