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Lomax v. Ortiz-Marquez

Docket No. Op. Below Argument Opinion Vote Author Term
18-8369 10th Cir. Feb 26, 2020 Jun 8, 2020 9-0 Kagan OT 2019

Holding: A Prison Litigation Reform Act provision that generally prevents a prisoner from bringing suit in forma pauperis — that is, without first paying the filing fee — if he has had three or more prior suits "dismissed on the ground[ ] that [they] ... fail[ed] to state a claim upon which relief may be granted," refers to any dismissal for failure to state a claim, whether with prejudice or without.

Judgment: Affirmed, 9-0, in an opinion by Justice Kagan on June 8, 2020. Justice Thomas joined the majority opinion as to all but footnote 4.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
02/05/2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)
04/24/2019DISTRIBUTED for Conference of 5/9/2019.
04/30/2019Response Requested. (Due May 30, 2019)
05/20/2019Motion to extend the time to file a response from May 30, 2019 to July 1, 2019, submitted to The Clerk.
05/23/2019Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019.
07/01/2019Brief of respondents Christina Ortiz-Marquez, et al. in opposition filed.
07/16/2019Reply of petitioner Arthur Lomax filed.
07/18/2019DISTRIBUTED for Conference of 10/1/2019.
10/07/2019DISTRIBUTED for Conference of 10/11/2019.
10/15/2019DISTRIBUTED for Conference of 10/18/2019.
10/18/2019Motion 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)?
11/05/2019Motion for an extension of time to file the briefs on the merits filed.
11/25/2019Motion 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.
11/26/2019SET FOR ARGUMENT on Wednesday, February 26, 2020.
12/06/2019Blanket Consent filed by Respondents, Christina Ortiz-Marquez, et al.
12/09/2019Joint appendix filed. (Statement of costs filed)
12/09/2019Brief of petitioner Arthur Lomax filed.
12/16/2019Brief amicus curiae of Roderick and Solange MacArthur Justice Center in support of neither party filed.
12/16/2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
01/09/2020Record requested from the U.S.C.A. 10th Circuit.
01/09/2020The record from the U.S.C.A. 10th circuit is electronic and located on PACER.
01/15/2020Brief of respondents Christina Ortiz-Marquez, et al. filed.
01/21/2020CIRCULATED
01/22/2020Amicus brief of United States not accepted for filing. (January 22, 2020 - Correct electronic file to be submitted.)
01/22/2020Brief amicus curiae of United States filed. (Distributed)
01/22/2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
01/22/2020Brief amici curiae of Council of State Governments, et al. filed. (Distributed)
01/22/2020Brief amici curiae of Arizona, Connecticut, and 30 other states filed. (Distributed)
02/14/2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
02/14/2020Reply of petitioner Arthur Lomax filed. (Distributed)
02/26/2020Argued. 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.)
06/08/2020Adjudged to be AFFIRMED. Kagan, J., delivered the opinion 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.
07/10/2020JUDGMENT ISSUED.