Legal Opinion
Stanford Shane Otis Terrell Robert Stewart v. William Fauver, Commissioner James Barbo, Administrator Rogers, Chief Director of Custody
Court of Appeals for the Third Circuit
Decided May 19, 2000No. 98-6205PublishedCited by 1,203 opinions
1Opinion of the Court
OPINION OF THE COURT
ALITO, Circuit Judge:
Stanford Shane, Otis Terrell, and Robert Stewart, prisoners at New Jersey’s Northern State Prison, appeal the dismissal of their complaint under 42 U.S.C. § 1983 without leave to amend. We hold that, under the circumstances present here, Section 803(d) of the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(c)(l), did not change the procedures that our court previously adopted regarding the dismissal of a complaint without granting leave to amend. We therefore vacate the order of dismissal and remand for further proceedings.
I
The plaintiffs’…
2Cases cited12 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Lopez v. SmithCourt of Appeals for the Ninth Circuit · 2000
- In Re Burlington Coat Factory Securities Litigation. P. Gregory Buchanan, Jacob Turner and Ronald AbramoffCourt of Appeals for the Third Circuit · 1997
- Louis Gomez v. Usaa Federal Savings Bank and Janette Adger MillsCourt of Appeals for the Second Circuit · 1999
- Mrs. Carmella M. Borelli v. City of ReadingCourt of Appeals for the Third Circuit · 1976
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3Cited by1,203 opinions
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- Great Western Mining & Mineral Co. v. Fox Rothschild LLPCourt of Appeals for the Third Circuit · 2010
- Alston v. ParkerCourt of Appeals for the Third Circuit · 2004
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