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Ninth Circuit· 8/5/2015

Duane Belanus v. Phil Clark

Citations

  • 796 F.3d 1021
  • 2015 U.S. App. LEXIS 13648
  • 2015 WL 4636974

How courts have described this case

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

  • concluding that the imposition of á first strike is a sufficiently concrete harm to give rise to Article III standing
  • concluding that a dismissal of a complaint as 15 time-barred was properly “assessed as a strike” under Section 1915(g)
  • holding that dismissals on statute of limitations grounds can constitute a strike under § 1915(g) for failure to state a claim if it is clear from the face of the complaint that the claims are time-barred
  • concluding that the dismissal of a time-barred complaint “for failure to state a cause of action upon which relief could be granted” was properly “assessed as a strike” pursuant to 28 U.S.C. 28 1 Apr. 8, 2021
  • concluding that Fed. R. Civ. P. 12(b)(6) dismissal of time-barred 26 complaint “for failure to state a cause of action upon which relief could be granted” was 27 properly “assessed as a strike” pursuant to 28 U.S.C. § 1915(g)
  • explaining that a claim under 42 U.S.C. § 1983 is subject to the forum state’s statute of limitations for personal injury claims

Source: CourtListener parenthetical corpus (CC0).

Judges: Fernandez, Rawlinson, Callahan

Read full opinion on CourtListener

Cited by

11 cases in this archive cite this case.

Cites

32 cases in this archive are cited by this case; the 20 most cited are listed.

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.