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Non Payment of Filing Fees Can Justify Ban on New Litigation
A "serial litigator" who hasn't paid his past filing fees because he spends his money as fast as he gets it could be prohibited from bringing additional actions until he pays all the back fees. The court does observe that prisoners who can't pay their fees because the prison takes their money for victim surcharges and "legal loan" balances (charges for postage, supplies, etc.) should not be disqualified from filing.
This plaintiff has three strikes and can't use IFP anyway. Under the "imminent danger of serious physical injury" standard, only those particular claims that address the imminent danger can go forward. See: Luedtke v. Bertrand, 32 F.Supp.2d 1074 (E.D.Wis. 1999).
This plaintiff has three strikes and can't use IFP anyway. Under the "imminent danger of serious physical injury" standard, only those particular claims that address the imminent danger can go forward. See: Luedtke v. Bertrand, 32 F.Supp.2d 1074 (E.D.Wis. 1999).
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Related legal case
Luedtke v. Bertrand
| Year | 1999 |
|---|---|
| Cite | 32 F.Supp.2d 1074 (E.D.Wis. 1999) |
| Level | District Court |
| Injunction Status | N/A |