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· 2/14/2011

Tolbert v. Stevenson

Citations

  • 635 F.3d 646
  • 2011 U.S. App. LEXIS 2814
  • 2011 WL 490500

How courts have described this case

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

  • holding that “§ 1915(g) requires that a prisoner’s entire ‘action or appeal’ be dismissed on enumerated grounds in order to count as a strike.”
  • holding that “§ 1915(g) requires that a prisoner’s entire action or appeal be dismissed on enumerated grounds in order to count as a strike”
  • holding dismissal of one part of an “action” for failure to state a claim does not qualify as a strike
  • explaining that “[m]ost circuits that have examined § 1915(g) agree with our straightforward reading[,]” and holding that “‘action’ in § 1915(g) unambiguously means an entire case or suit. Therefore, § 1915(g
  • noting 12 the difference between “claim” and “action” and finding the plain meaning of the latter “to mean 13 an entire suit”
  • “considering the provision’s plain language,” and noting the difference between “claim” and “action,” the court found “action” as defined in the Federal Rules of Civil Procedure “to mean an entire suit”

Source: CourtListener parenthetical corpus (CC0).

Judges: Niemeyer, King, Duncan

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.