Legal Opinion
Patton v. Jefferson Correctional Center
Court of Appeals for the Fifth Circuit
Decided March 16, 1998No. 97-30547PublishedCited by 178 opinions
1Opinion of the Court
FITZWATER, District Judge:
We decide in this appeal whether dismissal of a 42 U.S.C. § 1983 action as frivolous is a strike within the meaning of the “three strikes” provision of the Prison Litigation Reform Act of 1995 (“PLRA”), 28 U.S.C. § 1915(g), when the suit is also construed to allege a habeas claim and is in part dismissed without prejudice for failure to exhaust state court remedies. Because we hold that it is a countable strike, and because under this interpretation of § 1915(g) plaintiff had three strikes prior to filing this appeal, we conclude that he is precluded from appealing…
2Cases cited12 opinions
- Heck v. HumphreySupreme Court of the United States · 1994
- Adepegba v. HammonsCourt of Appeals for the Fifth Circuit · 1996
- Arthur X. Carson v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1997
- Orellana v. KyleCourt of Appeals for the Fifth Circuit · 1995
- Tierney v. KupersCourt of Appeals for the Ninth Circuit · 1997
7 more not listed; retrieve them via the Exa API.
3Cited by178 opinions
- Andrews v. KingCourt of Appeals for the Ninth Circuit · 2005
- Rivera v. AllinCourt of Appeals for the Eleventh Circuit · 1998
- McLean v. United StatesCourt of Appeals for the Fourth Circuit · 2009
- Raymond W. Snider v. Dr. MelindezCourt of Appeals for the Second Circuit · 1999
- David Orr v. Tom ClementsCourt of Appeals for the Eighth Circuit · 2012
173 more not listed; retrieve them via the Exa API.