A dismissed complaint and subsequent appeal on the same issue constitute two separate “strikes” against a prisoner under a federal law limiting frivolous prison litigation, a federal appeals court has ruled.
The 2nd U.S. Circuit Court of Appeals said the Prison Litigation Reform Act of 1995, which limits “actions” brought by prisoners, divides the underlying case and appeal from the dismissal of that case into two actions for purposes of the “three-strikes” litigation rule.
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