· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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