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PLRA Failure to State Claim Dismissals Reviewed De Novo
Dismissals under the PLRA for failure to state a claim are governed by the same de novo review standard as is used under Rule 12(b)(6), Fed.R.Civ.P.
The plaintiff alleged that the defendants refused to approve his payment of a court-ordered $5.00 filing fee and that his lawsuit was therefore dismissed. The court affirms the dismissal of this claim because the plaintiff has not alleged actual injury. (This is hard to understand; dismissal of an arguable claim is the paradigm of prejudice recognized by Lewis v. Casey; and there is nothing here indicating that the dismissed claim was not actionable.) See: Barren v. Harrington, 152 F.3d 1193 (9th Cir. 1998).
The plaintiff alleged that the defendants refused to approve his payment of a court-ordered $5.00 filing fee and that his lawsuit was therefore dismissed. The court affirms the dismissal of this claim because the plaintiff has not alleged actual injury. (This is hard to understand; dismissal of an arguable claim is the paradigm of prejudice recognized by Lewis v. Casey; and there is nothing here indicating that the dismissed claim was not actionable.) See: Barren v. Harrington, 152 F.3d 1193 (9th Cir. 1998).
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Related legal case
Barren v. Harrington
| Year | 1998 |
|---|---|
| Cite | 152 F.3d 1193 (9th Cir. 1998) |
| Level | Court of Appeals |
| Injunction Status | N/A |