Fourstar v. Garden City Group, Inc.
A case in which a district court declines to exercise supplemental jurisdiction over a prisoner's state-law claims does not count as a strike under the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915(g). The PLRA does not require or allow a later district court to simply defer to an earlier district court's contemporaneous statement that a dismissal counts as a strike. The later district court must independently evaluate whether the prior dismissals were dismissed on one of the enumerated grounds and therefore count as strikes. In this case, the DC Circuit held that plaintiff had only one strike and thus he was entitled to in forma pauperis status and may maintain his lawsuit. Accordingly, the court reversed the district court's denial of his in forma pauperis status and dismissal of his case. View "Fourstar v. Garden City Group, Inc." on Justia Law