Coleman-Bey v. Tollefson

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-1333	6th Cir.	Feb 23, 2015 Tr.Aud.	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)
Argument recap: Justices worry that an easy-to-administer rule might open the floodgates to frivolous prisoner suits (Steve Vladeck)
Argument preview: When does a prisoner suit become a “strike”? (Steve Vladeck)
Petition of the day (Maureen Johnston)

Date	Proceedings and Orders (key to color coding)
Mar 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.
Mar 27 2014	Application (13A985) granted by Justice Kagan extending the time to file until May 12, 2014.
May 5 2014	Petition for a writ of certiorari filed. (Response due June 4, 2014)
May 28 2014	Waiver of right of respondents Todd Tollefson, et al. to respond filed.
Jun 4 2014	Brief amicus curiae of Constitutional Accountability Center filed.
Jun 18 2014	DISTRIBUTED for Conference of September 29, 2014.
Jun 23 2014	Response Requested . (Due July 23, 2014)
Jul 2 2014	Order extending time to file response to petition to and including August 22, 2014.
Aug 21 2014	Brief of respondents Todd Tollefson, et al. in opposition filed.
Sep 9 2014	Reply of petitioner Andre Lee Coleman-Bey filed.
Sep 10 2014	DISTRIBUTED for Conference of September 29, 2014.
Oct 2 2014	Petition GRANTED.
Oct 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.
Oct 31 2014	The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 1, 2014.
Oct 31 2014	The time to file respondents' brief on the merits is extended to and including January 14, 2015.
Dec 1 2014	Joint appendix filed. (Statement of costs filed.)
Dec 1 2014	Brief of petitioner Andre Lee Coleman-Bey filed.
Dec 8 2014	Brief amicus curiae of Constitutional Accountability Center filed.
Dec 8 2014	Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 8 2014	Brief amici curiae of Thirty-three Professors filed.
Dec 22 2014	SET FOR ARGUMENT ON Monday, February 23, 2015
Dec 22 2014	Record requested from U.S.C.A. 6th Circuit.
Dec 23 2014	Record received from U.S.C.A. 6th Circuit, the record is electronic.
Jan 7 2015	CIRCULATED.
Jan 14 2015	Brief of respondents Todd Tollefson, et al. filed. (Distributed)
Jan 21 2015	Brief amicus curiae of the United States filed. (Distributed)
Jan 21 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 10 2015	Reply of petitioner Andre Lee Coleman-Bey filed. (Distributed)
Feb 20 2015	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 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.)
May 18 2015	Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court.
Jun 19 2015	JUDGMENT ISSUED.

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Coleman-Bey v. Tollefson

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Argument analysis: Court leaning toward requiring the government to prove that a felon in possession knew he was a felon – Evan Lee

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