Does a prior dismissal qualify as a strike if the prior dismissal was frivolous, malicious or failed to state a claim?
MultiRegion, United States of America
The following excerpt is from Thornton v. Virk, Case No. 1:15-cv-01782-EPG (PC) (E.D. Cal. 2017):
Whether an action was dismissed because it was frivolous, malicious, or failed to state a claim turns on an evaluation of the dismissal order. Andrews v. King, 398 F.3d 1113, 1121 (9th Cir. 2005) ("prior dismissals would qualify as strikes only if, after reviewing the orders dismissing those actions and other relevant information, the district court determined that they had been dismissed because they were frivolous, malicious or failed to state a claim."). An
Page 3
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a claim for pauperis qualify as frivolous, malicious or for failure to state a claim upon which relief may be granted? (MultiRegion, United States of America)
Can a defendant in a civil action be denied in forma pauperis status if he has previously had at least six prior actions dismissed as frivolous, malicious, or for failure to state a claim? (MultiRegion, United States of America)
What is a strike on an action brought by an inmate who has had three prior actions or appeals dismissed as frivolous, malicious or frivolous? (MultiRegion, United States of America)
Is a strike for failing to state a claim due to time-barred claims considered a strike? (MultiRegion, United States of America)
When a court dismisses a complaint on the grounds that it fails to state a claim, does the dismissal count as a strike? (MultiRegion, United States of America)
When a court dismisses a complaint on the grounds that it fails to state a claim, and then grants leave to amend the complaint, does this constitute a strike? (MultiRegion, United States of America)
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
In what circumstances will a state attorney general be dismissed for failing to state a claim? (MultiRegion, United States of America)
