Blakely v. Wards, No. 11-6945 (4th Cir. 2012)
Annotate this CasePlaintiff challenged the court's denial of his attempt to proceed in forma pauperis on appeal, contending that his prior actions dismissed as frivolous, malicious, or failing to state a claim could not count as strikes under the Prisoner Litigation Reform Act, 28 U.S.C. 1915(g), because the dismissals occurred at summary judgment. The court held that the fact that an action was dismissed for these reasons, and not the case's procedural posture at dismissal, determined whether the dismissal constituted a strike under Section 1915(g). Therefore, because defendant had more than three prior cases dismissed, the court denied his motion for reconsideration.
The court issued a subsequent related opinion or order on October 21, 2013.
The court issued a subsequent related opinion or order on October 22, 2013.
The court issued a subsequent related opinion or order on October 24, 2013.
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