What is the effect of a strike if an action is dismissed as frivolous, malicious or frivolous?
MultiRegion, United States of America
The following excerpt is from Haney v. Htay, Case No. 1:16-cv-00310-AWI-SKO (PC) (E.D. Cal. 2017):
1915(e)(2)(B)(i)-(iii). If an action is dismissed on one of these three basis, a strike is imposed per 28 U.S.C. 1915(g). An inmate who has had three or more prior actions or appeals dismissed as frivolous, malicious, or for failure to state a claim upon which relief may be granted, and has not alleged imminent danger of serious physical injury does not qualify to proceed in forma pauperis. See 28 U.S.C. 1915(g); Richey v. Dahne, 807 F.3d 1201, 1208 (9th Cir. 2015).
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