Butler v. Department of Justice
Court of Appeals for the D.C. Circuit
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
- Neitzke v. WilliamsSupreme Court of the United States · 1989
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- Andrews v. KingCourt of Appeals for the Ninth Circuit · 2005
- Keene Corp. v. United StatesSupreme Court of the United States · 1993
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