Is a strike for failing to state a claim due to time-barred claims considered a strike?
MultiRegion, United States of America
The following excerpt is from Williams v. Ortega, Case No.: 3:18-cv-00547-LAB-MDD (S.D. Cal. 2018):
3. See Belanus v. Clark, 796 F.3d 1021, 1053 (9th Cir. 2007) (dismissals for failure to state a claim because claims were time-barred may be counted as strikes pursuant to 28 U.S.C. 1915(g)).
4. See Harris v. Mangum, 863 F.3d 1133, 1143 (9th Cir. 2017) ("A prisoner may not avoid incurring strikes simply by declining to take advantage of [an] opportunity to amend.").
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