Legal Opinion

Pointer v. Wilkinson

Court of Appeals for the Sixth Circuit

Decided September 6, 2007No. 06-3393PublishedCited by 246 opinions

1Opinion of the Court

OPINION

HAROLD A. ACKERMAN, District Judge.

This case requires us to resolve a novel question regarding the application of 28 U.S.C. § 1915(g), the “three-strikes” provision added to the in forma pauperis (“IFP”) statute by the Prison Litigation Reform Act (“PLRA”). The three-strikes rule, in an effort to lessen the crush of frivolous prisoner filings in the federal courts, precludes prisoners — unless they face imminent danger of serious physical injury — from proceeding IFP if they have had three prior cases dismissed as frivolous, malicious, or for failure to state a claim upon which relief…

2Cases cited22 opinions

  1. Neitzke v. WilliamsSupreme Court of the United States · 1989
  2. Heck v. HumphreySupreme Court of the United States · 1994
  3. Jones v. BockSupreme Court of the United States · 2007
  4. Kenneth Jay Wilson v. Lewis Yaklich, United States of America, Intervenor-Appellee. Kenneth Jay Wilson v. Mary SanfordCourt of Appeals for the Sixth Circuit · 1998
  5. Jerardo Rodriguez v. David Cook, Director, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1999

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3Cited by246 opinions

  1. Dawn Ball v. FamiglioCourt of Appeals for the Third Circuit · 2013
  2. Quintez Talley v. John E. WetzelCourt of Appeals for the Third Circuit · 2021
  3. Jerry Vandiver v. Prison Health Services, Inc.Court of Appeals for the Sixth Circuit · 2013
  4. Turley v. GaetzCourt of Appeals for the Seventh Circuit · 2010
  5. Eddie Brown v. April MeggCourt of Appeals for the Fifth Circuit · 2017

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