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· 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 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.