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LISENBY v. LEAR

No. 10-6462.

674 F.3d 259 (2012)

Billy Lee LISENBY, Jr., Plaintiff-Appellee, v. Kenneth LEAR, Sergeant; Randall Lear, Chief of Police; Jeff D. Outlaw, PFC, Defendants-Appellants. John J. Korzen, Court-Assigned Amicus Counsel Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 16, 2012.

Attorney(s) appearing for the Case

ARGUED: Andrew Lindemann , Davidson & Lindemann, PA, Columbia, South Carolina, for Appellants. Hannah E. Davis , Wake Forest University, Winston-Salem, North Carolina, for Amicus Supporting Appellee.

ON BRIEF: Daniel C. Plyler , Davidson & Lindemann, PA, Columbia, South Carolina, for Appellants. John J. Korzen , Director, Leslie Cockrell , Third-Year Law Student, Wake Forest University, School of Law, Appellate Advocacy Clinic, Winston-Salem, North Carolina, for Amicus Supporting Appellee.

Reversed by published opinion. Judge WYNN wrote the opinion, in which Chief Judge TRAXLER and Judge WILKINSON concurred.

OPINION

WYNN, Circuit Judge.

Following Defendants' removal to federal district court of an action filed against them in state court by Plaintiff, the district court remanded the case to state court, in part based on Plaintiff's status as a "three-strikes" prisoner due to his frequent legal filings. Because we find that the district court lacked a statutory or legal basis to remand Plaintiff's action to state court, we reverse the order below and reinstate...

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