Question Presented (from Petition)
A dismissal of a civil action without prejudice for failure to state a claim, is it or is it not a strike under 28 U.S.C. 1915(g)?
Courts have held that, unless otherwise specified, a dismissal for failure to state a claim under Rule 12(b)(6) is presumed to be both a judgment on the merits and to be rendered with prejudice, is this true or false?
"A district court's dismissal under Rule 12(b)(6) is, of course, with prejudice unless it specifically orders dismissal without prejudice, is this true or false?" [I]n the absence of a clear statement to the contrary, a dismissal pursuant to Fed. R. Civ. P. 12(b)(6) is presumed to be with prejudice."
The Fourth Circuit Court decided a dismissal without prejudice for failure to state a claim did not count as a strike under 28 U.S.G.S. 1915(g), but the Tenth Circuit Court decided that a dismissal without prejudice do count as a strike under the Prison Litigation Reform Act of 1995( PLRA)and/or 28 U.S.C.S. 1915(g), which court is right and, is this a legal conflict between these two courts?
Would this statement of the Tenth Circuit be legally right or wrong, A dismissal for failure to state a claim under Rule 12(b)(6) satisfy the plain text of 1915(g) and therefore will count as a strike, without making any legal interpretation of this provision, inquiry, or analysis thereof in regard to congress intent or purpose? When Congress directly incorporates language with an established legal meaning into a statute, we may infer that Congress intended the language to take on its established meaning. United States v. Langley, 62 F. 3d 602, 605 (4th Cir. 1995) ("It is firmly entrenched that Congress is presumed to enact legislation with knowledge of the law; that is with the knowledge of the interpretation that courts have given to an existing statute."); see also Miles v. Apex Marine Corp., 498 U. S. 19, 32, 111 S. Ct. 317, 112 L. Ed. 2d 275 (1990) ("We assume that Congress is aware of existing law when it passes legislation.").
Is it the Court task here to determine whether Congress intended an action or appeal "that was dismissed on the grounds that it... fails to state a claim upon which relief may be granted" to count as a strike under 28 U.S. C. 1915(g) if that dismissal was specifically designated to be "without prejudice?"
The dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b) (6) is a "judgment on the merits and, the type of prior dismissal for failure to state a claim contemplated by subsection 1915(g) is one that constituted an adjudication on the merits and prejudiced the filing of a subsequent complaint with the same allegations, is this true or false?
Is it true, a dismissal without prejudice for failure to state a claim "does not" fall within the plain and unambiguous meaning of 1915(g)'s unqualified phrase "dismissed [for] fail[ure] to state a claim"? If true, As a result, a dismissal without prejudice for failure to state a claim does not count as a strike, is this true or false?
In any Circuit Court, will
Question Presented (AI Summary)
Whether a dismissal without prejudice for failure to state a claim under Rule 12(b)(6) counts as a 'strike' under 28 U.S.C. 1915(g)
Docket Entries
2020-07-10
JUDGMENT ISSUED.
2020-06-08
Adjudged to be AFFIRMED. Kagan, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/19pdf/18-8369_3dq3.pdf'>opinion</a> of the Court, in which Roberts, C. J., and Ginsburg, Breyer, Alito, Sotomayor, Gorsuch, and Kavanaugh, JJ., joined, and in which Thomas, J., joined as to all but footnote 4.
2020-02-26
Argued. For petitioner: Brian T. Burgess, Washington, D. C. For respondents: Eric R. Olson, Solicitor General, Denver, Colo.; and Jeffrey A. Rosen, Deputy Attorney General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
2020-02-14
Reply of petitioner Arthur Lomax filed. (Distributed)
2020-02-14
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
2020-01-22
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
2020-01-22
Brief amicus curiae of United States filed. (Distributed)
2020-01-22
Brief amici curiae of Council of State Governments, et al. filed. (Distributed)
2020-01-22
Brief amici curiae of Arizona, Connecticut, and 30 other states filed. (Distributed)
2020-01-15
Brief of respondents Christina Ortiz-Marquez, et al. filed.
2020-01-09
The record from the U.S.C.A. 10th circuit is electronic and located on PACER.
2020-01-09
Record requested from the U.S.C.A. 10th Circuit.
2019-12-16
Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
2019-12-16
Brief amicus curiae of Roderick and Solange MacArthur Justice Center in support of neither party filed.
2019-12-09
Brief of petitioner Arthur Lomax filed.
2019-12-09
Joint appendix filed. (Statement of costs filed)
2019-12-06
Blanket Consent filed by Respondents, Christina Ortiz-Marquez, et al.
2019-11-26
SET FOR ARGUMENT on Wednesday, February 26, 2020.
2019-11-25
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 9, 2019. The time to file respondents' brief on the merits is extended to and including January 15, 2020.
2019-11-05
Motion for an extension of time to file the briefs on the merits filed.
2019-10-18
Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED limited to the following question: Does a dismissal without prejudice for failure to state a claim count as a strike under 28 U.S.C. §1915(g)?
2019-10-15
DISTRIBUTED for Conference of 10/18/2019.
2019-10-07
DISTRIBUTED for Conference of 10/11/2019.
2019-07-18
DISTRIBUTED for Conference of 10/1/2019.
2019-07-16
Reply of petitioner Arthur Lomax filed.
2019-07-01
Brief of respondents Christina Ortiz-Marquez, et al. in opposition filed.
2019-05-23
Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019.
2019-05-20
Motion to extend the time to file a response from May 30, 2019 to July 1, 2019, submitted to The Clerk.
2019-04-30
Response Requested. (Due May 30, 2019)
2019-04-24
DISTRIBUTED for Conference of 5/9/2019.
2019-02-05
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)
Attorneys
Arizona, Connecticut, and 30 other states
Christina Ortiz-Marquez et al.
Council of State Governments, et al.
National Association of Criminal Defense Lawyers
Roderick and Solange MacArthur Justice Center