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BUTLER v. DEPARTMENT OF JUSTICE

No. 05-5171.

492 F.3d 440 (2007)

James A. BUTLER, Appellant v. DEPARTMENT OF JUSTICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2007.

Attorney(s) appearing for the Case

Jamie W. Campbell, Student Counsel, argued the cause as amicus curiae in support of appellant. With her on the briefs were Steven H. Goldblatt, appointed by the court, and David J. Arkush, Supervising Attorney.

Alan Burch, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence and W. Mark Nebeker, Assistant U.S. Attorneys. Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.

Before: TATEL, BROWN and GRIFFITH, Circuit Judges.

Opinion for the Court by Circuit Judge GRIFFITH.

GRIFFITH, Circuit Judge.

Appellant James A. Butler, a federal prisoner, seeks leave to file in forma pauperis ("IFP") on an appeal before this Court. He has on at least five prior occasions brought appeals before this Court that were dismissed for failure to prosecute. The question before us is whether those dismissals are strikes under the Prison Litigation Reform Act ("PLRA" or the "Act"). We hold that...

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