Dismissals without Prejudice for Failure to State a Claim Count as Strikes under Prison Litigation Reform Act

In Lomaz v. Ortiz-Marquez, published June 8, 2020, the Supreme Court rejected an argument that a dismissal for failure to state a claim made without prejudice does not count as a "strike" under the Prison Litigation Reform Act, which bars prisoners from bringing suit in forma pauperis if they have had three or more lawsuits dismissed on the grounds that they were frivolous, malicious, or failed to state a claim on which relief may be granted.  Congress did not confine the strikes under the PRLA to dismissals with prejudice, or to frivolous lawsuits; it applied the statute to suits without merit, even if the dismissal is without prejudice.