· 9/6/2007
Pointer v. Wilkinson
Citations
- 502 F.3d 369
- 2007 U.S. App. LEXIS 21250
- 2007 WL 2492933
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that dismissing a claim for failure to state a claim operates as a “dismissal with prejudice”
- assessing a strike where the prisoner’s claims were dismissed for failure to exhaust and failure to state a claim
- observing, in dicta, that where a complaint is dismissed in its entirety for failure to exhaust, the plaintiff would have a “compelling argu- ment that a strike should not be assessed”
- “The PLRA requires prisoners who qualify for [in forma pauperis] status to pay an initial partial fee, followed by installment payments until the entire filing fee is paid.”
- “[W]here an entire complaint is dismissed, in part for failure to exhaust and in part for one of the grounds stated in § 1915(g), the dismissal should count as a strike.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Batchelder, Griffin, Ackerman
Read full opinion on CourtListenerSourced 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.