TALLEY v. WETZEL

No. 19-3055.

15 F.4th 275 (2021)

Quintez TALLEY, Appellant v. John E. WETZEL; Attorney General's Office; Department of Corrections; Bruce R. Beemer; Sharon K. Rogers; Jessica S. Davis; Caleb Enerson; Robert D. Gilmore; Tracy Shawley; Mindy Andretti; Tammy Ferguson; Rodney Chism; David Link; Kevin McElwain; Robert Williamson; Michael Worstell; Michael Lefebvre; Ronald Hagg; Dustin Pope; Dean Bowman; Thomas Suchta; Joshua Glessner; Daniel Moses; Robert Smith; Gerald Criswell.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 27, 2021.


Attorney(s) appearing for the Case

Quintez Talley , Fayette SCI, 50 Overlook Drive, LaBelle, PA 15450, Appellant.

Josh Shapiro , Attorney General, Michael J. Scarinci [ARGUED], Nicole R. Ditomo , Office of Attorney General of Pennsylvania, Strawberry Square, Harrisburg, PA 17120, Attorneys for Appellees.

Andrew M. Buttaro [ARGUED], Jonathan M. Albano , Morgan Lewis & Bockius, One Federal Street, Boston, MA 02110, Court Appointed Amicus Curiae.

Before: McKEE, GREENAWAY, JR., and RESTREPO, Circuit Judges.


OPINION

In Major League Baseball, an umpire calls a "strike." Three strikes and the batter is out. Similarly, the in forma pauperis ("IFP") statute, 28 U.S.C. § 1915, which provides that prisoners may proceed in federal court without prepayment of filing fees, contains a "three-strikes rule."...

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