United States Fourth Circuit

In an action by a prisoner against the U.S. claiming that the AEDPA statute of limitations is unconstitutional, the complaint's dismissal is affirmed, where Plaintiff did not violate the Prison Litigation Reform Act by filing his suit because a dismissal without prejudice for failure to state a claim does not count as a "strike" under 28 U.S.C. section 1915(g), but Plaintiff's claim nonetheless failed due to the U.S.'s immunity from suit.

Appellate Information

• Decided 05/21/2009
• Published 05/21/2009

Judges

• Before MICHAEL, GREGORY, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Charlotte Garden, Student Counsel, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Appellant.  Joel Eric Wilson, Office of the United States Attorney, Norfolk, Virginia, for Appellees.   ON BRIEF:  Steven H. Goldblatt, Director, Colin D. Forbes, Student Counsel, Benjamin D. Schuman, Student Counsel, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Appellant.   Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellees.