Legal Opinion

Edward A. Campbell, Jr., Latashia R. Cook v. Davenport Police Department

Court of Appeals for the Eighth Circuit

Decided December 29, 2006No. 06-3143PublishedCited by 68 opinions

1Per curiam

While confined in a county jail in July 2006, Edward R. Campbell filed this 42 U.S.C. § 1983 complaint, having filed three other section 1983 complaints the month before. The district court dismissed the instant complaint, finding that the 28 U.S.C. § 1915A(b) dismissals of the earlier three complaints constituted three “strikes” under 28 U.S.C. § 1915(g). Campbell appeals, and requests leave to appeal in forma pauperis (IFP).

Section 1915(g) does not apply unless the inmate litigant has three strikes at the time he files his lawsuit or appeal. See 28 U.S.C. § 1915(g) (in no event shall…

2Cases cited2 opinions

  1. Harold Henderson v. Larry Norris, Director, Arkansas Department of Correction David Guntharp, Assistant Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1997
  2. Adepegba v. HammonsCourt of Appeals for the Fifth Circuit · 1996

3Cited by68 opinions

  1. Chavis v. ChappiusCourt of Appeals for the Second Circuit · 2010
  2. Silva v. Di VittorioCourt of Appeals for the Ninth Circuit · 2011
  3. Thompson v. Drug Enforcement AdministrationCourt of Appeals for the D.C. Circuit · 2007
  4. David Orr v. Tom ClementsCourt of Appeals for the Eighth Circuit · 2012
  5. In Re Simmonds, Texas Court of Appeals, 10th District (Waco)2008

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