United States Fourth Circuit

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Blakely v. Wards, 11-6945

Plaintiff's motion for reconsideration of this Court's denial of his attempt to proceed in forma pauperis on appeal is denied, where: 1) a summary judgment dismissal stating on its face that the dismissed action was frivolous, malicious, or failed to state a claim counts as a strike for purposes of the Prison Litigation Reform Act's three-strikes provision; and 2) because plaintiff has had more than three prior cases dismissed expressly as frivolous, malicious, or failing to state a claim, his request to proceed in forma pauperis was properly denied. (Amended opinion)

Appellate Information

  • Decided 10/24/2013
  • Published 10/24/2013

Judges

  • WYNN

Court

  • United States Fourth Circuit

Counsel

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