At page 95 Determining strike accumulation under section 1915(g)39 citing cases“[D]istrict courts should 19 not issue these strikes one by one, in their orders of judgment, as they dispose of suits that may ultimately—upon determination at the 20 appropriate time—qualify as strikes under the terms of § 1915(g)”
- James v. New York, No. 24-624-cv (2d Cir. Nov. 4, 2024).unpublishedDeleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004) (per curiam).
- Cannon v. New York State Dep't of Corr. & Cmty. Supervision, No. 1:23-cv-00837 (S.D.N.Y. Apr. 10, 2023).Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004).3 This Court is thus not bound by the district court’s determination in Cannon, 15-CV-13565, that at the time it dismissed Plaintiff’s action, the dismissal qualified under First Circuit case l…
- Gabriel Gonzalez v. United States, 23 F.4th 788 (8th Cir. 2022).published We accordingly dismiss Gonzalez’s appeal. 3 We recognize that our decision is in tension with Dooley v. Wetzel, 957 F.3d 366 , 376–77 (3d Cir. 2020), and Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004), but we disagree with those courts that…
- Kurtenbach v. Reliance Tel. Servs., No. 0:21-cv-02376 (D. Minn. Dec. 7, 2021).Because Kurtenbach was a prisoner applying for IFP status, his complaint would have been subject to review under both § 1915A(b) and § 1915(e)(2)(B). in their orders of judgment, as they dispose of suits that may ultimately — upon determin…
- (PC) Denton v. Bibbs, No. 1:19-cv-00316 (E.D. Cal. May 4, 2021).“[D]istrict courts should 19 not issue these strikes one by one, in their orders of judgment, as they dispose of suits that may ultimately—upon determination at the 20 appropriate time—qualify as strikes under the terms…”
- (PC) Ray v. Hosey, No. 1:20-cv-01076 (E.D. Cal. Feb. 16, 2021).“[D]istrict courts should not issue these strikes one by one, in their orders of 19 judgment, as they dispose of suits that may ultimately—upon determination at the appropriate time—qualify as strikes under the 20 terms…”
- (PC) Anderson v. Doe, No. 1:20-cv-01620 (E.D. Cal. Dec. 16, 2020).“[D]istrict courts should not issue these strikes one by one, in their orders of 19 judgment, as they dispose of suits that may ultimately—upon determination at the appropriate time—qualify as strikes under the 20 terms…”
- Wells v. Philbin, No. 1:20-cv-00097 (S.D. Ga. Nov. 12, 2020).Cir. 2017); see also Dooley v. Wetzel, 957 F.3d 366, 377 (3d Cir. 2020) (explaining district courts should set forth reasons for dismissal to assist subsequent courts in determining whether inmate is barred from proceeding IFP by PLRA’s th…
- Casey Dooley v. John Wetzel, 957 F.3d 366 (3d Cir. 2020).publishedDeleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004); Lucien v. Jockisch, 133 F.3d 464 , 469 n.8 (7th Cir. 1998). 19 Leaving the § 1915(g) strike determination to a future court where the issue is squarely presented further avoids the risk that d…
- Ceara v. Dirusso-Clarke, No. 1:13-cv-03041 (S.D.N.Y. Aug. 5, 2019).Clarifications of this sort ‘will undoubtedly assist subsequent courts that must determine whether a plaintiff is barred from maintaining an action in forma pauperis by the three strikes rule of Section 1915(g).’” Deleon v. Doe, 361 F.3d 9…
Show 26 more citing cases
- Andrews v. King, 398 F.3d 1113 (9th Cir. 2005).published See Balint v. Carson City, Nev., 180 F.3d 1047, 1050 (9th Cir.1999); Jeff D. v. Kempthorne, 365 F.3d 844, 850-51 (9th Cir.2004). 7 Section 1997e(a) of the PLRA states: No action shall be brought with respect to prison conditions under sect…
- Andrews v. King, No. 02-17440 (9th Cir. Feb. 22, 2005).publishedSee e.g., Rodriguez v. Cook, 169 F.3d 1176, 1178 (9th Cir. 1999); DeLeon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004); Wilson v. Yaklich, 148 F.3d 596, 602-03 (6th Cir. 1998); Patton v. Jefferson Corr.
- Agosto, No. 2:25-cv-04269 (E.D.N.Y. Nov. 13, 2025). See James v. McIntosh, 24-624, 2024 WL 4662980 (2d Cir. Nov. 4, 2024) (“a district court errs in entering a strike at the dismissal stage”) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Dillard, No. 2:25-cv-04014 (E.D.N.Y. Nov. 13, 2025). See James v. McIntosh, 24-624, 2024 WL 4662980 (2d Cir. Nov. 4, 2024) (“a district court errs in entering a strike at the dismissal stage”) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Wilson v. Suffolk Cnty. Exec., No. 2:25-cv-05175 (E.D.N.Y. Oct. 8, 2025). See James v. McIntosh, 24-624, 2024 WL 4662980 (2d Cir. Nov. 4, 2024) (“a district court errs in entering a strike at the dismissal stage”) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Agosto v. Nassau Cnty. Corr. Cntr., No. 2:25-cv-04269 (E.D.N.Y. Sept. 22, 2025). See James v. McIntosh, 24-624, 2024 WL 4662980 (2d Cir. Nov. 4, 2024) (“a district court errs in entering a strike at the dismissal stage”) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Haskins v. S.C.C.F., No. 2:25-cv-01536 (E.D.N.Y. May 19, 2025). See James v. McIntosh, 24-624, 2024 WL 4662980 (2d Cir. Nov. 4, 2024) (“a district court errs in entering a strike at the dismissal stage”) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Henry, Sr. v. Duncan, No. 2:25-cv-00516 (E.D.N.Y. Feb. 25, 2025).See James v. McIntosh, No. 24-624, 2024 WL 4662980 , at *1 (2d Cir. Nov. 4, 2024) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004) (per curiam)); see also Barreto v. Cnty. of Suffolk, 455 F. App’x 74, 76 (2d Cir. 2012).
- Richards v. Nassau Cnty., No. 2:24-cv-07957 (E.D.N.Y. Jan. 8, 2025). See James v. McIntosh, 24-624, 2024 WL 4662980 (2d Cir. Nov. 4, 2024) (“a district court errs in entering a strike at the dismissal stage”) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Small v. (Sheriff) N.C.C.C., No. 2:24-cv-07385 (E.D.N.Y. Nov. 13, 2024). See Barreto v. Cnty. of Suffolk, 455 F. App’x 74, 76 (2d Cir. 2012) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Scelza v. Scelza, No. 2:24-cv-02378 (E.D.N.Y. May 28, 2024). See Barreto v. Cnty. of Suffolk, 455 F. App’x 74, 76 (2d Cir. 2012) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Scelza v. Dep't of Suffolk Cnty. Corr., No. 2:24-cv-00492 (E.D.N.Y. May 2, 2024). See Barreto v. Cnty. of Suffolk, 455 F. App’x 74, 76 (2d Cir. 2012) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Scelza v. Dep't of Suffolk Cnty. Corr., No. 2:24-cv-00492 (E.D.N.Y. Mar. 21, 2024). See Barreto v. Cnty. of Suffolk, 455 F. App’x 74, 76 (2d Cir. 2012) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Mann v. Laroque, No. 2:23-cv-08237 (E.D.N.Y. Feb. 15, 2024). See Barreto v. Cnty. of Suffolk, 455 F. App’x 74, 76 (2d Cir. 2012) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Crenshaw v. Toulon, No. 2:24-cv-00305 (E.D.N.Y. Feb. 15, 2024). See Barreto v. Cnty. of Suffolk, 455 F. App’x 74, 76 (2d Cir. 2012) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Scelza v. Suffolk Cnty. Corr. Facility, No. 2:23-cv-08106 (E.D.N.Y. Dec. 5, 2023). See Barreto v. Cnty. of Suffolk, 455 F. App’x 74, 76 (2d Cir. 2012) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Butler v. Sazerac Co. Fireball Mfr., No. 2:23-cv-07496 (E.D.N.Y. Nov. 17, 2023). See Barreto v. Cnty. of Suffolk, 455 F. App'x 74, 76 (2d Cir. 2012) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Butler v. Johnson & Johnson, No. 2:23-cv-07497 (E.D.N.Y. Nov. 17, 2023). See Barreto v. Cnty. of Suffolk, 455 F. App'x 74, 76 (2d Cir. 2012) (citing Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004)).
- Kevin Pitts v. State of South Carolina, 65 F.4th 141 (4th Cir. 2023).published See Deleon, 361 F.3d at 95 ; Dooley, 957 F.3d at 378 ; see also Gonzalez, 23 F.4th at 791 (Gruender, J., dissenting) (explaining that vacatur is appropriate remedy when district court “decides a question outside its jurisdiction”).
- Joshua Simons v. Heidi Washington, 996 F.3d 350 (6th Cir. 2021).publishedSee Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004) (per curiam); Dooley v. Wetzel, 957 F.3d 366, 377 (3d Cir. 2020); Hill, 983 F.3d at 906 .
- Hubert Hill v. Madison Cnty., Illinois, 983 F.3d 904 (7th Cir. 2020).published Accord, Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004); Furnace v. Giurbino, 838 F.3d 1019, 1029 (9th Cir. 2016); Fourstar v. Garden City Group, Inc., 875 F.3d 1147 (D.C. Cir. 2017).
- Feelings v. John Doe, (Dallis), No. 1:18-cv-05893 (E.D.N.Y. Nov. 30, 2020).See Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004).
- Victor Fourstar v. Garden City Grp., Inc., No. 15-5049 (D.C. Cir. Nov. 28, 2017).publishedSee Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004).
- Fourstar v. Garden City Grp., Inc., 875 F.3d 1147 (D.D.C. 2017).publishedSee Deleon v. Doe, 361 F.3d 93, 95 (2d Cir. 2004).
- Barreto v. Cnty. of Suffolk, 455 F. App'x 74 (2d Cir. 2012).unpublished See Deleon v. Doe, 361 F.3d 93, 95 (2d Cir.2004) (per curiam).
- Carter v. New York State Corr. Officer McPherson, No. 9:20-cv-00491 (N.D.N.Y. July 30, 2020).(concluding that a court may determine whether a plaintiff has acquired a strike only when the Section 1915(g) issue is ripe for adjudication)
At page 94 Establishing first amendment claims regarding prison mail interference12 citing casesconcluding that prison staff’s loss of letter containing birthday card did not state a First Amendment claim
- Woodson v. Nassau Cnty., No. 2:24-cv-07580 (E.D.N.Y. May 21, 2025).To state a claim for denial of access to the courts due to interference with legal mail, a plaintiff must allege that the defendant “took or was responsible for actions that hindered [a plaintiff’s] efforts to pursue a legal claim.” Deleon…
- Corrow v. Nassau Cnty. Corr. Ctr., No. 2:24-cv-07187 (E.D.N.Y. Feb. 23, 2025).To state a plausible claim of a denial of access to the courts due to interference with legal mail, a prisoner must allege that the defendant “took or was responsible for actions that ‘hindered [a plaintiff’s] efforts to pursue a legal cla…
- Smith v. Stevens, No. 2:17-cv-00667 (E.D. Wis. Aug. 15, 2024).(concluding that prison staff’s loss of letter containing birthday card did not state a First Amendment claim)
- Smith v. Stevens, No. 2:17-cv-00667 (E.D. Wis. Nov. 9, 2023).(concluding that prison staff’s loss of letter containing birthday card did not state a First Amendment claim)
- Howard v. Braemer, No. 2:20-cv-01366 (E.D. Wis. Sept. 7, 2023).(concluding that prison staff’s loss of letter containing birthday card did not state a First Amendment claim)
- Brendan Nasby v. State of Nevada, 79 F.4th 1052 (9th Cir. 2023).publishedSee Simkins v. Bruce, 406 F.3d 1239, 1244 (10th Cir. 2005); Deleon v. Doe, 361 F.3d 93, 94 (2d Cir. 2004) (per curiam).
- Ronald Schroeder v. Doug Drankiewicz, 519 F. App'x 947 (7th Cir. 2013).unpublished(concluding that prison staffs loss of letter containing birthday card did not state a First Amendment claim)
- Wesley Purkey v. H. Marberry, 385 F. App'x 575 (7th Cir. 2010).unpublishedSee Simkins v. Bruce, 406 F.3d 1239, 1244 (10th Cir.2005) (recognizing no actual injury where underlying case is decided for reasons “logically and practically unrelated” to alleged unjustified acts); Deleon v. Doe, 361 F.3d 93, 94 (2d Cir…
- Banks v. York, 515 F. Supp. 2d 89 (D.D.C. 2007).published(plaintiff failed to allege that defendants took actions that actually “hindered [his] efforts to pursue a legal claim” or otherwise prejudiced his legal action where his case had been dismissed on the merits after a ben…)
- Davis v. New York, 106 F. App'x 82 (2d Cir. 2004).unpublishedSee generally Deleon v. Doe, 361 F.3d 93, 94 (2d Cir.2004).
Show 2 more citing cases
- Clark v. Oakley, 560 F. App'x 804 (10th Cir. 2014).unpublished(holding plaintiff had not shown actual injury resulting from delay caused by interference with mail where prior case was not dismissed for his untimely submission of materials but on the merits after consideration of th…)
- Simkins v. Bruce, 406 F.3d 1239 (10th Cir. 2005).published
v.
John DOE, Mail Room Supervisor, GMCF, John Doe, Mail Room Dispatcher, GMCF, David Carpenter, Dep. Supt of Prog. GMCF, Ronald Atkinson, Mail Room Supervisor, GMCF, Shirley French, Mail Room Dispatcher, GMCF
In December 2001, plaintiff-appellant Is-idoro DeLeon, a New York state prisoner, filed an amended complaint pursuant to 42 U.S.C. § 1983, alleging that various mail room personnel at the Great Meadow Correctional Facility had violated his First and Fourteenth Amendment rights. Specifically, he asserted (1) that defendants deliberately delayed the mailing of certain of his submissions in an ongoing federal action, causing him to miss a court deadline, which in turn led to the suit’s dismissal; and (2) that defendants misplaced and sent to the wrong city a birthday card he wrote to a relative. The district court (Kahn, J.) dismissed his claims with prejudice pursuant to Fed.R.Civ.P. 12(b)(6). Based on previous warnings about frivolous lawsuits and misrepresentations in the complaint, the court also imposed a sanction of $150 pursuant to Fed.R.Civ.P. 11(b)(3) and issued “one strike” against DeLeon pursuant to 28 U.S.C. § 1915(g).
With respect to the Rule 12(b)(6) dismissal, we affirm substantially for the reasons given by the court below. De-Leon failed to allege that defendants took actions that actually “hindered [his] efforts to pursue a legal claim” or otherwise prejudiced his legal action, as required to state a claim for denial of access to the courts due to interference with legal mail. Monsky v. Moraghan, 127 F.3d 243, 247 (2d Cir.1997) (internal quotation marks omitted). (In fact, as he clearly knew, the case he claimed had been hindered by the alleged mail delay was dismissed on the merits after a bench trial—not for untimeliness of court submissions). He also failed to allege that prison officials “regularly and unjustifiably” interfered with his personal mail, and therefore could not sustain his First Amendment cause of action. Davis v. Goord, 320 F.3d 346, 351 (2d Cir.2003) (internal quotation marks omitted). As to the Rule 11 penalty, a $150 sanction on a prisoner may be harsh, but we cannot say, in the circumstances of this case, that it was outside of the district court’s discretion. See Corroon v. Reeve, 258 F.3d 86, 92 (2d Cir.2001) (imposition of sanctions is reviewed for abuse of discretion).
[*95] The district court’s “one strike” order, however, is another matter. Section 1915(g) provides in pertinent part that “a prisoner [cannot] bring a civil action ... or proceeding [in forma pauperis] if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought a[ federal] action ... that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted.” The provision is known as the “three strikes rule.” See Malik v. McGinnis, 293 F.3d 559, 560 (2d Cir.2002). In Snider v. Melindez, 199 F.3d 108, 115 (2d Cir.1999), we expressed strong doubt, without deciding the matter, as to “whether the entry of a strike [under § 1915(g) ] is properly considered at the time an action is dismissed.” We now address that question and hold that it was error for the court below to enter such a strike. This holding is premised on our rationale in Snider:
The designation of strikes has no practical consequences until a defendant in a prisoner’s lawsuit raises the contention that the prisoner’s suit or appeal may not be maintained in forma pauperis pursuant to 28 U.S.C. § 1915 because the prisoner has accumulated three strikes. At that time, because a practical consequence turns on the answer to the question, a court will need to determine whether the prisoner should be charged with three strikes. Litigation over the issue at an earlier juncture would involve the courts in disputes that might never have any practical consequence. The resolution of such disputes is not a proper part of the judicial function.
Accordingly, district courts should not issue these strikes one by one, in their orders of judgment, as they dispose of suits that may ultimately — upon determination at the appropriate time — qualify as strikes under the terms of § 1915(g).[2] On the other hand, as we also noted in Snider, the district court judgments should clearly set forth the reasons for dismissal, “including whether the dismissal is because the claim is ‘frivolous,’ ‘malicious,’ or ‘fails to state a claim,’ whether it is because the prisoner has failed to exhaust an available administrative remedy, or for other reasons. The[se] judgments] should also state whether the dismissal is with prejudice or without.” Id. Clarifications of this sort “will undoubtedly assist subsequent courts that must determine whether a plaintiff is barred from maintaining an action in forma pauperis by the three strikes rule of Section 1915(g).” Id.
In the present case, then, we vacate this aspect of the judgment and remand the matter to the district court for modifications consistent with this opinion. We find no merit in appellant’s remaining argu[*96]ments, and accordingly affirm all other portions of the judgment below.
We further noted that "[Contemporaneous classification of dismissals as strikes or non-strikes at a time when the ruling has no immediate consequences may also lead district courts to undertake such classifications carelessly, and with inadequate explanation of why a given dismissal falls into one category and not the other. We think these concerns outweigh any possible benefits that may follow from contemporaneous classification due to the greater familiarity with the factual record that a dismissing court may possess.” Snider, 199 F.3d at 115 n. 4.
As we observed in Snider, several of our sister circuits appear to leave the assessment of strikes to the court charged with enforcing Section 1915(g). See, e.g. Rodriguez v. Cook, 169 F.3d 1176, 1178 (9th Cir.1999); Wilson v. Yaklich, 148 F.3d 596, 602-03 (6th Cir.1998); Patton v. Jefferson Corr. Ctr., 136 F.3d 458, 461 (5th Cir.1998); Lucien v. Jockisch, 133 F.3d 464, 469 n. 8 (7th Cir.1998).