Thompson v. Drug Enforcement Administration

How courts have described this case

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

• holding that it would be “hypertechnical” to not assess a strike for an appeal that was formally dismissed for failure to prosecute when the underlying reason for the dismissal was a finding of frivolousness
• holding that “actions containing at least one claim falling within none of the three strike categories . . . do not count as strikes.”
• holding that dismissals for lack of subject matter jurisdiction are not 28 U.S.C. § 1915(g) strikes and suggesting that sovereign immunity dismissals are likewise not strikes
• noting that “a dismissal does not become a strike until an appeal thereof has been resolved or waived”
• stating that \the government wisely conceded that dismissals for lack of jurisdiction do not count as strikes within the meaning of section 1915(g)\
• holding that “once such evidence [showing the grounds for previous dismissals] has been produced, the ultimate burden of persuasion shifts back to the prisoner to explain why the past dismissals should not count as strikes”

Source: CourtListener parenthetical corpus (CC0).