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BLAKELY v. WARDS

No. 11-6945.

701 F.3d 995 (2012)

James G. BLAKELY, a/k/a Jimmy G. Blakely, Plaintiff-Appellant, v. Robert WARDS, Regional Director; Mr. David M. Tatarsky, General Counsel Attorney; A. Padula, Warden; M. Bell, Associate Warden; Major Dean; Nurse MacDonald, Head Nurse at Lee Correctional; J. Livington, Librarian; A. Smith, Business Office Manager at Lee Correctional Institution; Chaplain T. Evans; Chaplain Cain; Ms. Simon, Mailroom Supervisor at Lee Correctional; Lt. June, Wateree Corr; Mr. Bainor, Medical; Mr. Biddinger, Cafteria Supervisor; Ms. Taylor, Canteen Supervisor; Ms. Hancock, Commissionary Manager; Jon Ozmint, Director, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 14, 2012.

Attorney(s) appearing for the Case

ARGUED: Frederick G. Hall , Georgetown University Law Center, Washington, D.C., for Appellant. Daniel Roy Settana, Jr. , McKay, Cauthen, Settana & Stubley, PA, Columbia, South Carolina, for Appellees. ON BRIEF: Steven H. Goldblatt , Director, Doug Keller , Supervising Attorney, Nilam A. Sanghvi , Supervising Attorney, Jina Moon , Student Counsel, Matthew T. Vaughan , Student Counsel, Georgetown University Law Center, Washington, D.C., for Appellant. Erin Farrell Farthing , McKay, Cauthen, Settana & Stubley, PA, Columbia, South Carolina, for Appellees.

Motion for reconsideration denied by published opinion. Judge WYNN wrote the opinion, in which Judge AGEE and Judge FLOYD concurred.

OPINION

WYNN, Circuit Judge:

With the Prisoner Litigation Reform Act, Congress sought to reduce the number of frivolous lawsuits flooding the federal courts. Congress did so in part by enacting 28 U.S.C. § 1915(g), a "three-strikes" statute providing that if a prisoner has had three prior cases dismissed as frivolous, malicious, or for failure to state a claim for which relief may be granted, the prisoner generally may not proceed in forma pauperis...

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