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· 4/23/2013

Childs v. Miller

Citations

  • 713 F.3d 1262
  • 2013 WL 1731062
  • 2013 U.S. App. LEXIS 8257

How courts have described this case

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

  • holding a “dismissal for failure to state a claim under Rule 12(b)(6)” is a strike under § 1915(g)
  • ordering appellee “will be barred from 13 proceeding [in forma pauperis] in future civil actions or appeals in federal court unless he is 14 ‘under imminent danger of serious physical injury,’ and he makes ‘specific [and] credible 15 allegations’ to that effect.”
  • ordering appellee “will be barred from proceeding [in 25 forma pauperis] in future civil actions or appeals in federal court unless he is ‘under imminent 26 danger of serious physical injury,’ and he makes ‘specific [and] credible allegations’ to that 27 effect.”
  • “[O]ne cannot focus exclusively on the fact that Rule 9(b) requires particularity in pleading the circumstances of fraud without taking account . . . the strictures of plausibility pleading.”
  • “When a pro se litigant files complaints that are repetitive, duplicative of other filings, without merit, or frivolous, he abuses the district court process.”
  • “When a pro se litigant files complaints that are repetitive, duplicative of other filings, without merit, or frivolous, he abuses the district court process.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Briscoe, Holloway, Tymkovich

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.