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Filing Fee Assessed in Dismissed Appeal

The court of appeals for the fifth circuit held that under the PLRA prisoner litigants remain responsible for appellate filing fees in cases where the appeal is eventually dismissed for lack of jurisdiction. The court held that under 28 U.S.C. § 1915(b)(1) prisoners are liable for the filing fee upon filing a notice of appeal. "We hold that the plain language of the PLRA requires this court to assess appellate fees at the moment the appeal is filed, regardless of whether the appeal is later dismissed." See: Williams v. Roberts, 116 F.3d 1126 (5th Cir. 1997).

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Related legal case

Williams v. Roberts

116 F.3D 1126

Donald L. WILLIAMS, Plaintiff-Appellant, v. Cathy ROBERTS; G. Scott; Dora Rabalais; Johnnie Johnson, Defendants-Appellees.

No. 96-31058


116 F.3d 1126; 1997 U.S. App.

July 15, 1997, Decided

SUBSEQUENT HISTORY: [*1] Withdrawn by the Court July 23, 1997; Substituted Opinion of July 23, 1997, Reported at: 1997 U.S. App. LEXIS 18834.

PRIOR HISTORY: Appeal from the United States District Court for the Middle District of Louisiana.