Gordon v. Kiser (P)

A dismissal entered on a motion for summary judgment may qualify as a “strike” if, on the face of the order, it is clear that the dismissed case was frivolous, malicious or failed to state a claim. Code § 8.01-692 was enacted to control the volume of prisoner lawsuits overburdening the resources of the … courts” and to “reduce the number of frivolous lawsuits.

Therefore, the circuit court did not err in denying a motion for nonsuit and prospectively denying an inmate in forma pauperis status pursuant to that statute, because the appellant has had at least three cases dismissed for failure to state a claim.

However, the court vacates the imposition of pre-service review and summary dismissal on any future complaints Gordon might file in the Wise County Circuit Court. That portion of the judgment is remanded for consideration of the four-factor test established in Adkins v. CP/IPERS Arlington Hotel LLC, 293 Va. 446 (2017).

Affirmed in part, vacated in part, and remanded.

Gordon v. Kiser (P), No. 180162, Dec. 6, 2018. SCV (Lacy) from Wise (Dotson).

Categories: Opinions, Published, Supreme Court of Virginia


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