Dalvin v. Beshears

MEMORANDUM

DAVIS, District Judge.

On September 23, 1996, I dismissed this case instituted by a Maryland prison inmate as “frivolous” pursuant to 28 U.S.C. § 1915(e), and directed the Clerk of Court to enter a computerized docketing designation (or “flag”) noting that this was plaintiffs first “frivolous” dismissal under the recently-enacted Prisoner Litigation Reform Act (“PLRA”).1 Plaintiff has filed a motion for reconsideration, indicating that he understands the rationale behind the sua sponte dismissal, but arguing that the dismissal should not count as his “first strike” under the PLRA.…