United States Fourth Circuit

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Blakely v. Wards, 11-6945

A prisoner's motion for reconsideration of a denial of his attempt to proceed in forma pauperis, claiming that his prior actions dismissed as "frivolous, malicious, or failing to state a claim" cannot count as strikes under section 1915(g) because the dismissals occurred at summary judgment, is denied where: 1) the fact that an action was dismissed as frivolous, malicious, or failing to state a claim, and not the case's procedural posture at dismissal, determines whether the dismissal constitutes a strike under section 1915(g); and 2) petitioner has had more than three prior cases dismissed expressly as frivolous, malicious, or failing to state a claim.

Appellate Information

  • Decided 12/14/2012
  • Published 12/14/2012

Judges

  • Wynn

Court

  • United States Fourth Circuit

Counsel

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