McLEAN v. U.S.

No. 06-7784.

566 F.3d 391 (2009)

Quentin McLEAN, Plaintiff-Appellant, v. UNITED STATES of America; United States Congress, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: May 21, 2009.


Attorney(s) appearing for the Case

ARGUED: Charlotte Garden, Student Counsel, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Appellant. Joel Eric Wilson, Office of the United States Attorney, Norfolk, Virginia, for Appellees. ON BRIEF: Steven H. Goldblatt, Director, Colin D. Forbes, Student Counsel, Benjamin D. Schuman, Student Counsel, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Appellant. Chuck Rosenberg, United States Attorney, Alexandria, Virginia, for Appellees.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge GREGORY joined. Judge SHEDD wrote a separate opinion concurring in part and dissenting in part.


OPINION

MICHAEL, Circuit Judge:

The Prison Litigation Reform Act of 1996 (PLRA or Act), Pub.L. No. 104-134, 110 Stat. 1321-71 (1996), limits the ability of prisoners to file civil actions without prepayment of filing fees. When a prisoner has previously filed at least three actions or appeals that were dismissed on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted, the Act's "three strikes" provision...

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