Ladeairous v. Sessions

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In Fourstar v. Garden City Grp., Inc., 875 F.3d 1147 (D.C. Cir. 2017), the district court decided that under the Prison Litigation Reform Act (PLRA), a district court's decision to decline to exercise supplemental jurisdiction over state law claims does not count as a strike against a prisoner seeking in forma pauperis (IFP) privileges in later litigation. In light of Fourstar, the court held that it was not a strike under the PLRA when a district court in effect, though not in its exact terms, declines to hear state law claims in situations where 28 U.S.C. 1367 would authorize it to resolve. Accordingly, the court granted plaintiff's petition to proceed IFP in this court and remanded with instructions for the district court to do the same. View "Ladeairous v. Sessions" on Justia Law