No. 20-5592

Christopher Lipsey, Jr. v. D. Goree, et al.

Lower Court: Ninth Circuit
Docketed: 2020-09-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: civil-procedure civil-rights constitutional-claim due-process federal-review frivolous habeas-corpus ineffective-assistance malicious procedural-default standing state-court-review
Latest Conference: 2020-10-30
Question Presented (from Petition)

Cllo Does 42u.S.C.1983 coMPlaints that Sound, in Part, like hablas Constitute Strikes inder 28 u.s.csi9is(9) explicitly Stating they are being sued in their official capacity only ond PlaintifF is only seeking an injunction to have the Districtcourt order the court of Appeal sive him a new crimival direct alpeal sound in hablas in Port?

(3). Is it in the interest oF justice For a court of Appeal to issue a Published opininn in this instance?

(). Is it Proper to challenge a third strike when a Court of Appeal revoked on individual's IFp status For having incurred three strikes or when a district Court in a seperate case imely said individual suffered threl Strikes lprior to the court of Appeal decision)?

(S). Is it Proper For a court of Appeal to Find an individual suffered three strikes bo referring to ore out of three cases which detendants didn't clain was a strike, without giving said individual an opportunity to contend that one case wasn't a strike?

stating aly Future Motions will not be entertained and dort Consider a motion For hearing /rehearing En Banc?

. Is the certral question whetther a dismissal rang the PLRA bells of Frivorless, malicinus, or Failure to state a claim the only Factors the court should consider to determine whether the dismissal Counts as a strike?

(8). Does an individual who was granted an opportunity to amend their complaint but doesnt, sufFicient reason to assess a strite? If So, how about when there were state law clains included in the complaint which the caurt Failed to Teach.

Question Presented (AI Summary)

Whether the district court's dismissal of a complaint as frivolous, malicious, or for failure to state a claim constitutes a strike under 28 U.S.C. § 1915(g)

Docket Entries

2020-11-02
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-10-08
DISTRIBUTED for Conference of 10/30/2020.
2020-09-30
Waiver of right of respondent D. Goree, et al. to respond filed.
2020-08-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 5, 2020)

Attorneys

Christopher Lipsey
Christopher Lipsey Jr. — Petitioner
D. Goree, et al.
Michelle Devorah IgraCalifornia Department of Justice - Office of the A, Respondent