Coleman-Bey v. Tollefson

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1333	6th Cir.	Feb 23, 2015	May 18, 2015	9-0	Breyer	OT 2014

Holding: The "three strikes" provision of the Prison Litigation Reform Act prevents a court from granting in forma pauperis status to a prisoner who "has, on three or more prior occasions, while incarcerated . . . , brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted." A prior dismissal on one of the provision"s statutorily enumerated grounds counts as a strike, even if the dismissal is the subject of an ongoing appeal.

Judgment: Affirmed, 9-0, in an opinion by Justice Breyer on May 18, 2015.

SCOTUSblog Coverage

Opinion analysis: Dismissed prisoner suits count as "strikes" even while being appealed (Steve Vladeck, May 18, 2015)
Argument recap: Justices worry that an easy-to-administer rule might open the floodgates to frivolous prisoner suits (Steve Vladeck, February 23, 2015)
Argument preview: When does a prisoner suit become a "strike"? (Steve Vladeck, February 20, 2015)
Petition of the day (Maureen Johnston, August 27, 2014)

Date	Proceedings and Orders (key to color coding)
03/27/2014	Application (13A985) to extend the time to file a petition for a writ of certiorari from April 17, 2014 to May 12, 2014, submitted to Justice Kagan.
03/27/2014	Application (13A985) granted by Justice Kagan extending the time to file until May 12, 2014.
05/05/2014	Petition for a writ of certiorari filed. (Response due June 4, 2014)
05/28/2014	Waiver of right of respondents Todd Tollefson, et al. to respond filed.
06/04/2014	Brief amicus curiae of Constitutional Accountability Center filed.
06/18/2014	DISTRIBUTED for Conference of September 29, 2014.
06/23/2014	Response Requested . (Due July 23, 2014)
07/02/2014	Order extending time to file response to petition to and including August 22, 2014.
08/21/2014	Brief of respondents Todd Tollefson, et al. in opposition filed.
09/09/2014	Reply of petitioner Andre Lee Coleman-Bey filed.
09/10/2014	DISTRIBUTED for Conference of September 29, 2014.
10/02/2014	Petition GRANTED.
10/27/2014	Consent to the filing of amicus curiae briefs, in support of eitheir party or of neither party, received from counsel for the petitioner.
10/31/2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 1, 2014.
10/31/2014	The time to file respondents' brief on the merits is extended to and including January 14, 2015.
12/01/2014	Joint appendix filed. (Statement of costs filed.)
12/01/2014	Brief of petitioner Andre Lee Coleman-Bey filed.
12/08/2014	Brief amicus curiae of Constitutional Accountability Center filed.
12/08/2014	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
12/08/2014	Brief amici curiae of Thirty-three Professors filed.
12/22/2014	SET FOR ARGUMENT ON Monday, February 23, 2015
12/22/2014	Record requested from U.S.C.A. 6th Circuit.
12/23/2014	Record received from U.S.C.A. 6th Circuit, the record is electronic.
01/07/2015	CIRCULATED.
01/14/2015	Brief of respondents Todd Tollefson, et al. filed. (Distributed)
01/21/2015	Brief amicus curiae of the United States filed. (Distributed)
01/21/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
02/10/2015	Reply of petitioner Andre Lee Coleman-Bey filed. (Distributed)
02/20/2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
02/23/2015	Argued. For petitioner: Kannon K. Shanmugan, Washington, D. C. For respondents: Aaron D. Lindstrom, Solicitor General, Lansing, Mich.; and Allon Kedem, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
05/18/2015	Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court.
06/19/2015	JUDGMENT ISSUED.