United States Fourth Circuit

A routine dismissal of a prison-condition lawsuit for failure to exhaust administrative remedies does not count as a "strike" for purposes of 28 U.S.C. section 1915(g).

Appellate Information

• Argued 05/26/2006
• Decided 07/26/2006
• Published 07/26/2006

Judges

• Before NIEMEYER and TRAXLER, Circuit Judges, and JOSEPH R. GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Joseph McMullen, Third Year Law Student, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.  Richard Carson Vorhis, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellees.   ON BRIEF:  Neal L. Walters, Kimberly Mattingly, Third Year Law Students, University of Virginia School of Law, Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant.  Robert F. McDonnell, Attorney General, Richmond, Virginia, for Appellee Stanley K. Young;  Rosalie P. Fessier, Timberlake, Smith, Thomas & Moses, P.C., Staunton, Virginia, for Appellees Syed Z. Ahsan, Psychiatrist, David Jones, Psychologist, and Kimberly Ann Bays, Mental Health Supervisor/WRSP.