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Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA

Loaded on Nov. 15, 2023 by Douglas Ankney published in Prison Legal News November, 2023, page 33
Filed under: Prison Litigation Reform Act (PLRA), Three Strike Litigants. Location: South Carolina.

by Douglas Ankney

On April 13, 2023, the U.S. Court of Appeals for the Fourth Circuit ruled that a district court cannot dismiss a prisoner’s complaint and at the same time declare it a “strike” for purposes of 28 U.S.C. § 1915(g). Under that statute, as amended by …

 

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  23. Fourth Circuit: Dismissal of South Carolina Prisoner’s Complaint Cannot Prematurely Be Called a “Strike” Under PLRA, by Douglas Ankney
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