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PLRA 'Strike' Removed
Dalvin filed a motion for reconsideration asking that the dismissal not count as a "strike" for PLRA purposes. The court agreed and ordered the strike removed. The court found that Dalvin's suit was "legally misguided" but undertaken in good faith. The court noted that the PLRA was silent about any exceptions to its blanket three strikes rule but held that under Fed.R.Civ.P. 60(b)(6) the courts have authority to eliminate "strikes" in cases where imposing them is "manifestly, unduly harsh and inappropriately punitive." The court noted that rescission of strikes will be a rare event in that court. See: Dalvin v. Beshears, 943 F. Supp. 578 (D MD 1996).
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