BLAKELY v. WARDS

No. 11-6945.

738 F.3d 607 (2013)

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, Cafeteria Supervisor; Ms. Taylor, Canteen Supervisor; Ms. Hancock, Commissionary Manager; Jon Ozmint, Director, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: October 21, 2013.

Filed: October 22, 2013.


Attorney(s) appearing for the Case

ARGUED: Nilam Ajit Sanghvi , Georgetown University Law Center, Washington, D.C., for Appellant. Daniel Roy Settana, Jr. , McKay, Cauthen, Settana and Stubley, P.A., Columbia, South Carolina, for Appellees. ON BRIEF: Steven H. Goldblatt , Director, Doug Keller , 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 and Stubley, P.A., Columbia, South Carolina, for Appellees.

Motion for reconsideration denied by published opinion. Judge WYNN wrote the majority opinion, in which Judges WILKINSON, NIEMEYER, SHEDD, AGEE, KEENAN, DIAZ, and FLOYD joined. Judge WILKINSON wrote a separate concurring opinion, in which Judges NIEMEYER, KEENAN, and DIAZ joined. Judge DUNCAN wrote a separate opinion concurring in the judgment. Judge MOTZ wrote a dissenting opinion, in which Judges KING, DAVIS, and THACKER joined, and in which Judge GREGORY joined as to Part I. Judge GREGORY wrote a separate dissenting opinion.


ON REHEARING EN BANC

WYNN, Circuit Judge:

With the Prisoner Litigation Reform Act ("PLRA"), 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 already had three cases dismissed as frivolous, malicious, or for failure to state a claim for which relief may be granted, the prisoner generally may...

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