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