United States Fourth Circuit

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