UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT _____________

No. 19-3055 _____________

QUINTEZ TALLEY, Appellant

v. JOHN E. WETZEL; ATTORNEY GENERAL’S OFFICE; DEPARTMENT OF CORRECTIONS; BRUCE R. BEEMER; SHARON K. ROGERS; JESSICA S. DAVIS; CALEB ENERSON; ROBERT D. GILMORE; TRACY SHAWLEY; MINDY ANDRETTI; TAMMY FERGUSON; RODNEY CHISM; DAVID LINK; KEVIN MCELWAIN; ROBERT WILLIAMSON; MICHAEL WORSTELL; MICHAEL LEFEBVRE; RONALD HAGG; DUSTIN POPE; DEAN BOWMAN; THOMAS SUCHTA; JOSHUA GLESSNER; DANIEL MOSES; ROBERT SMITH; GERALD CRISWELL _____________

On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. No. 3-18-cv-00868) District Judge: Honorable James M. Munley ______________ Argued July 15, 2021 ______________

Before: McKEE, GREENAWAY, JR., and RESTREPO, Circuit Judges.

(Opinion Filed: September 27, 2021) Quintez Talley Fayette SCI 50 Overlook Drive LaBelle, PA 15450 Appellant Josh Shapiro, Attorney General Michael J. Scarinci [ARGUED] Nicole R. Ditomo Office of Attorney General of Pennsylvania Strawberry Square Harrisburg, PA 17120 Attorneys for Appellees Andrew M. Buttaro [ARGUED] Jonathan M. Albano Morgan Lewis & Bockius One Federal Street Boston, MA 02110 Court Appointed Amicus Curiae

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OPINION ______________

2 GREENAWAY, JR., Circuit Judge.

In Major League Baseball, an umpire calls a “strike.” Three strikes and the batter is out. Similarly, the in forma pauperis (“IFP”) statute, 28 U.S.C. § 1915, which provides that prisoners may proceed in federal court without prepayment of filing fees, contains a “three-strikes rule.” Courts may call a strike when a prisoner’s “action or appeal . . . was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted[.]” 28 U.S.C. § 1915(g). Three strikes and the prisoner cannot proceed IFP unless other conditions are present. See id.

The threshold question presented by the instant appeal is whether Appellant Quintez Talley has accrued three strikes. Appellees1 contend that Talley has at least three strikes based on prior “mixed dismissals” where various district courts dismissed Talley’s federal claims on grounds enumerated in § 1915(g) and declined to exercise supplemental jurisdiction over Talley’s state law claims. We hold that such mixed dismissals are not strikes.

1 The following individuals are Appellees: John E. Wetzel, the Pennsylvania Office of Attorney General, the Pennsylvania Department of Corrections, Bruce Beemer, Sharon Rogers, Jessica Davis, Caleb Enerson, Robert Gilmore, Tracy Shawley, Mindy Andretti, Tammy Ferguson, Rodney Chism, David Link, Kevin McElwain, Robert Williamson, Michael Worstell, Michael Lefebvre, Ronald Hagg, Dustin Pope, Dean Bowman, Thomas Suchta, Joshua Glessner, Daniel Moses, Robert Smith, and Gerald Criswell.

3 Although we are not umpires, we conclude that Talley has not struck out. We will grant his motion for IFP status.

On the merits of his appeal, Talley objects to the District Court’s grant of Appellees’ motion to dismiss and its denial of his motion to amend. We will affirm the District Court’s judgment. I. Background

Talley is a prisoner currently incarcerated in a state prison in Pennsylvania. The instant suit arises out of the settlement of two of Talley’s prior suits: Talley v. Glessner (Talley I), No. 15-cv-00407 (M.D. Pa.); and Talley v. Wetzel (Talley II), No. 15-cv-01170 (M.D. Pa.). Talley signed a settlement agreement resolv