Legal Opinion

Butler v. Department of Justice

Court of Appeals for the D.C. Circuit

Decided June 26, 2007No. 05-5171PublishedCited by 66 opinions

1Opinion of the Court

Opinion for the Court by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

Appellant James A. Butler, a federal prisoner, seeks leave to file in forma pau-peris (“IFP”) on an appeal before this Court. He has on at least five prior occasions brought appeals before this Court that were dismissed for failure to prosecute. The question before us is whether those dismissals are strikes under the Prison Litigation Reform Act (“PLRA” or the “Act”). We hold that they are not, but nonetheless exercise our supervisory discretion to deny Butler IFP status.

I

In 1996, Congress passed the Prison Litigation…

2Cases cited18 opinions

  1. Neitzke v. WilliamsSupreme Court of the United States · 1989
  2. Bounds v. SmithSupreme Court of the United States · 1977
  3. David P. Pagtalunan v. George Galaza, Warden Thomas Maddock, Acting Director, California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2002
  4. Andrews v. KingCourt of Appeals for the Ninth Circuit · 2005
  5. Keene Corp. v. United StatesSupreme Court of the United States · 1993

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

3Cited by66 opinions

  1. James Blakely v. Robert WardsCourt of Appeals for the Fourth Circuit · 2013
  2. Thompson v. Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2007
  3. Waseem Daker v. Commissioner, Georgia Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2016
  4. Marc Hall v. United StatesCourt of Appeals for the Fourth Circuit · 2022
  5. Hurt v. Social Security AdministrationCourt of Appeals for the D.C. Circuit · 2008

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API