Finding that the "number, content, frequency, and disposition" of plaintiff's filings showed an abusive pattern, and revoking plaintiff's in forma pauperis privilege, and directing the Clerk of the Court to refuse to accept any more of his appeals that were not accompanied by the full filing fee
Holding that, although operating as a decision on the merits, a dismissal for failure to prosecute does not necessarily qualify as a strike because it is not a decision based on the merits, maliciousness, or frivolity of an action
No. 12–5352. 10-01-2012 Stephen Thomas YELVERTON, petitioner, v. DISTRICT OF COLUMBIA OFFICE OF BAR COUNSEL. Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.
28 U.S.C. § 1915 Cited 291,568 times 38 Legal Analyses
Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"
Fed. R. App. P. 24 Cited 19,339 times 1 Legal Analyses
Recognizing that "[t]he simple and expeditious motion procedure" set forth in Fed.R.App.P. 24, "rather than an appeal from . . . the certification of lack of good faith, [is] the proper procedure for calling in question the correctness of the action of the district court"