Coleman-Bey v. Tollefson
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 Stephen G. Breyer on May 18, 2015.
Mar 27, 2014Application (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, 2014Application (13A985) granted by Justice Kagan extending the time to file until May 12, 2014.
May 5, 2014Petition for a writ of certiorari filed. (Response due June 4, 2014)
May 28, 2014Waiver of right of respondents Todd Tollefson, et al. to respond filed.
Jun 4, 2014Brief amicus curiae of Constitutional Accountability Center filed.
Jun 18, 2014DISTRIBUTED for Conference of September 29, 2014.
Jun 23, 2014Response Requested . (Due July 23, 2014)
Jul 2, 2014Order extending time to file response to petition to and including August 22, 2014.
Aug 21, 2014Brief of respondents Todd Tollefson, et al. in opposition filed.
Sep 9, 2014Reply of petitioner Andre Lee Coleman-Bey filed.
Sep 10, 2014DISTRIBUTED for Conference of September 29, 2014.
Oct 2, 2014Petition GRANTED.
Oct 27, 2014Consent to the filing of amicus curiae briefs, in support of eitheir party or of neither party, received from counsel for the petitioner.
Oct 31, 2014The time to file the joint appendix and petitioner's brief on the merits is extended to and including December 1, 2014.
Oct 31, 2014The time to file respondents' brief on the merits is extended to and including January 14, 2015.
Dec 1, 2014Joint appendix filed. (Statement of costs filed.)
Dec 1, 2014Brief of petitioner Andre Lee Coleman-Bey filed.
Dec 8, 2014Brief amicus curiae of Constitutional Accountability Center filed.
Dec 8, 2014Brief amicus curiae of National Association of Criminal Defense Lawyers filed.
Dec 8, 2014Brief amici curiae of Thirty-three Professors filed.Dec 22, 2014SET FOR ARGUMENT ON Monday, February 23, 2015
Dec 22, 2014Record requested from U.S.C.A. 6th Circuit.
Dec 23, 2014Record received from U.S.C.A. 6th Circuit, the record is electronic.
Jan 7, 2015CIRCULATED.
Jan 14, 2015Brief of respondents Todd Tollefson, et al. filed. (Distributed)Jan 21, 2015Brief amicus curiae of the United States filed. (Distributed)Jan 21, 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Feb 10, 2015Reply of petitioner Andre Lee Coleman-Bey filed. (Distributed)Feb 20, 2015Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 23, 2015Argued. 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, 2015Adjudged to be AFFIRMED. Breyer, J., delivered the opinion for a unanimous Court.
Jun 19, 2015JUDGMENT ISSUED.
Recommended Citation: Coleman-Bey v. Tollefson, SCOTUSblog, https://www.scotusblog.com/cases/coleman-bey-v-tollefson/