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Home / Opinion Digests / Criminal Law / Complete Frivolity Needed for ‘Three Strikes’ Rule (access required)

Complete Frivolity Needed for ‘Three Strikes’ Rule (access required)

The “three strikes” rule that prohibits a prisoner from proceeding in forma pauperis if he previously filed three or more actions dismissed as frivolous only applies to actions dismissed entirely as frivolous, malicious or for failure to state a claim; the 4th Circuit joins the majority of appellate courts to interpret the plain language of ...

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