United States Supreme Court

In a fourth lawsuit brought by an in forma pauperis prisoner, which was dismissed under 28 U.S.C. section 1915(a), a special "three strikes" provision that prevents a court from affording in forma pauperis status to a prisoner who has, on 3 or more prior occasions, while incarcerated brought an action or appeal that was dismissed as frivolous, malicious, or fails to state a claim upon which relief may be granted, the Sixth Circuit Court of Appeals' judgment affirming dismissal is affirmed where a prior dismissal on one of section 1915(g)'s statutorily enumerated grounds counts as a strike, even if the dismissal is the subject of an ongoing appeal.

Appellate Information

• Decided 05/18/2015
• Published 05/18/2015

Judges

• Breyer

Court

• United States Supreme Court

Counsel