Is dismissal as a strike for failure to state a claim under the Heck Rule?
MultiRegion, United States of America
The following excerpt is from Claiborne v. Cal. Dep't of Corr., No. 2:15-cv-0710 JAM CKD P (E.D. Cal. 2015):
dismissed as Heck-barred is a strike for failure to state a claim); In re Jones, 652 F.3d 36, 37-39 (D.C. Cir. 2011) (Heck dismissal counts as strike); Hamilton v. Lyons, 74 F.3d 99, 102 (5th Cir. 1996) ( 1983 claim precluded by Heck rule is "legally frivolous"). The court need not rule on this issue, however, as plaintiff incurred at least two strikes above, followed by multiple others.
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