Thomas v. Parker, No. 11-6087 (10th Cir. 2012)
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Plaintiff-appellant Jerry Thomas was a prisoner serving time in an Oklahoma state prison. He brought suit under 42 U.S.C. 1983, and sought to appeal the district court's entry of summary judgment in favor of defendants on his claims that employees of the Oklahoma Department of Corrections violated his constitutional rights during a period of time when he was incarcerated at the James Crabtree Correctional Center in Helena. The issue before the Tenth Circuit was whether Plaintiff had three "strikes" (as defined by 28 U.S.C. 1915(g)) because he had had three prior civil actions or appeals dismissed as frivolous, malicious, or for failing to state a claim. Specifically, the Court addressed whether Plaintiff should have been assessed a third strike based on the district court's 2008 dismissal of a previous 1983 action . The Court adopted the Sixth Circuit's reasoning in "Pointer v. Wilkinson" (502 F.3d 363) and assessed a third strike against Plaintiff.
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