The Supreme Court granted certiorari in ten cases today, three of them from the Ninth Circuit and two from the Fifth. It also accepted review of the Sixth Circuit’s decision in Coleman v. Tollefson (13-1333), which held that the district court properly denied pauper under the Prison Litigation Reform Act (PLRA), 28 U.S.C. § 1915(g), which prevents prisoner from proceeding in forma pauperis status if three of their cases have previously been dismissed as frivolous. Judge Rogers’ opinion found that the prisoner’s third case counted as a dismissal under the PLRA even though the dismissal itself was still on appeal.
Aside from Coleman, there are two other Sixth Circuit cases that have been accepted by the Supreme Court, Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund (13-435) and M&G Polymers USA, LLC v. Tackett (No. 13-1010). Both cases are scheduled for argument this November and have attracted substantial amicus attention.