Lomax v. Ortiz-Marquez
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 grounds that [they were] frivolous, malicious, or 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 Elena Kagan on Jun 8, 2020. Justice Thomas joined the majority opinion as to all but footnote 4.
Feb 5, 2019Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 10, 2019)
Apr 24, 2019DISTRIBUTED for Conference of 5/9/2019.
Apr 30, 2019Response Requested. (Due May 30, 2019)
May 20, 2019Motion to extend the time to file a response from May 30, 2019 to July 1, 2019, submitted to The Clerk.May 23, 2019Motion to extend the time to file a response is granted and the time is extended to and including July 1, 2019.
Jul 1, 2019Brief of respondents Christina Ortiz-Marquez, et al. in opposition filed.Jul 16, 2019Reply of petitioner Arthur Lomax filed.Jul 18, 2019DISTRIBUTED for Conference of 10/1/2019.
Oct 7, 2019DISTRIBUTED for Conference of 10/11/2019.
Oct 15, 2019DISTRIBUTED for Conference of 10/18/2019.
Oct 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)?
Nov 5, 2019Motion for an extension of time to file the briefs on the merits filed.Nov 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.
Nov 26, 2019SET FOR ARGUMENT on Wednesday, February 26, 2020.
Dec 6, 2019Blanket Consent filed by Respondents, Christina Ortiz-Marquez, et al.Dec 9, 2019Joint appendix filed. (Statement of costs filed)Dec 9, 2019Brief of petitioner Arthur Lomax filed.Dec 16, 2019Brief amicus curiae of Roderick and Solange MacArthur Justice Center in support of neither party filed.Dec 16, 2019Brief amicus curiae of National Association of Criminal Defense Lawyers filed.Jan 9, 2020Record requested from the U.S.C.A. 10th Circuit.
Jan 9, 2020The record from the U.S.C.A. 10th circuit is electronic and located on PACER.
Jan 15, 2020Brief of respondents Christina Ortiz-Marquez, et al. filed.Jan 21, 2020CIRCULATED
Jan 22, 2020Amicus brief of United States not accepted for filing. (January 22, 2020 - Correct electronic file to be submitted.)
Jan 22, 2020Brief amicus curiae of United States filed. (Distributed)Jan 22, 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.Jan 22, 2020Brief amici curiae of Council of State Governments, et al. filed. (Distributed)Jan 22, 2020Brief amici curiae of Arizona, Connecticut, and 30 other states filed. (Distributed)Feb 14, 2020Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Feb 14, 2020Reply of petitioner Arthur Lomax filed. (Distributed)Feb 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.)
Jun 8, 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.
Jul 10, 2020JUDGMENT ISSUED.
Recommended Citation: Lomax v. Ortiz-Marquez, SCOTUSblog, https://www.scotusblog.com/cases/lomax-v-ortiz-marquez/