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· 8/9/2013

Dawn Ball v. Famiglio

Citations

  • 726 F.3d 448
  • 2013 WL 4038562
  • 2013 U.S. App. LEXIS 16529

How courts have described this case

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

  • holding that “an affirmance of a district court’s dismissal does not” count as a strike
  • concluding that allegations of poor medical care that “may prove detrimental to [plaintiff's] health over time . . . do not represent ‘imminent dangers’”
  • holding that “dismissal based on the immunity of the defendant . . . does not constitute a PLRA strike, including a strike based on frivolousness, unless a court explicitly and correctly concludes” so
  • recognizing that when the plain text of an order dismisses a case based on an enumerated ground, the dismissal counts as a strike even if the underlying analysis hinges on a legal issue that otherwise would not trigger a strike
  • explaining that if affirmative defense appears on face of complaint, court can dismiss complaint under Rule 12(b)(6)
  • explaining that if affirmative defense appears on face of complaint, court can dismiss complaint under Rule 12(b)(6)

Source: CourtListener parenthetical corpus (CC0).

Judges: Jordan, Vanaskie, Cowen

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.