Nathan Jacobs v. Shelly Carr
UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion for other relief [999903326-2]. Originating case number: 2:16-cv-00001-JPB-MJA. Copies to all parties and the district court/agency . Mailed to: Nathan E. Jacobs. [16-6372]
Pg: 1 of 3
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
NATHAN E. JACOBS,
Plaintiff - Appellant,
MRS. SHELLY CARR, Case Manager,
Defendant - Appellee.
Appeal from the United States District Court for the Northern
District of West Virginia, at Elkins.
John Preston Bailey,
District Judge. (2:16-cv-00001-JPB-MJA)
January 12, 2017
February 7, 2017
Before GREGORY, Chief Judge, and MOTZ and AGEE, Circuit Judges.
Vacated and remanded by unpublished per curiam opinion.
Nathan E. Jacobs, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.
Pg: 2 of 3
dismissing his Bivens 1 complaint.
Because the district court
incorrectly determined that Jacobs has three qualifying strikes
§ 1915(g) (2012), we vacate the order of dismissal and remand.
In concluding that Jacobs had three strikes under the PLRA
at the time he filed the subject complaint, the district court
relied on Jacobs v. U.S.A. Supreme Court Clerk, Civ. Action No.
10-1332, 2010 WL 3123169 (D.D.C. Aug. 9, 2010) (unpublished);
Jacobs v. Supreme Court of the United States, No. 10-5271, 2011
Court”); and Jacobs v. Holder, No. 4:10-cv-1544, 2010 WL 4449357
(N.D. Ohio Nov. 1, 2010) (unpublished).
We conclude that the
qualifies as a strike.
action is warranted.”
2011 WL 2199975, at *1.
court did not reference § 1915 or explicitly state that Jacobs’
Bivens v. Six Unknown Named Agents of Fed. Bureau of
Narcotics, 403 U.S. 388 (1971).
Pg: 3 of 3
appeal was frivolous, malicious, or failed to state a claim for
In light of our decision in Blakely v. Wards, 738 F.3d
court, id. at 613-15, 617, we conclude that the language in
Supreme Court does not evidence a PLRA strike. 2
Accordingly, we vacate the order of dismissal and remand
for further proceedings.
We deny Jacobs’ pending motion.
this court and argument would not aid the decisional process.
VACATED AND REMANDED
A PACER search did not reveal any other action that could
properly qualify as a strike against Jacobs.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?