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· 6/26/2007

Butler v. Department of Justice

Citations

  • 492 F.3d 440
  • 377 U.S. App. D.C. 141
  • 2007 U.S. App. LEXIS 15151
  • 2007 WL 1814962

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that Butler had filed ten appeals in the D.C. Circuit, eight of which were in a four-year period, as well as some fifteen other listed actions
  • concluding that a dismissal for failure to prosecute was not a strike because such a dismissal was made without regard to the merits, and each of the three strike categories in § 1915(g) involve dispositions looking to the merits
  • noting that prisoners who repeatedly file as some sort of “past time” may be stripped of their IFP privileges
  • noting that although a dismissal for failure to prosecute under Rule 41(b) “is not, in fact, a 5 decision on the merits” of a claim, it “functions as such for the purposes of claim preclusion”
  • denying IFP privileges for a prisoner who had filed at least twenty- five actions and appeals and at least eight over the course of the previous four years
  • denying prisoner leave to proceed IFP in advancing a Freedom of Information Act claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Tatel, Brown and Griffith, Circuit Judges

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.