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Texas Prisoner Allowed To Appeal IFP Despite Misfiling Affidavit
Loaded on April 15, 2011
by Matthew Clarke
By Matt ClarkeOn September 24, 2008, a Texas court of appeals issued an order allowing a Texas prisoner to proceed in forma pauperis despite having improperly filed his affidavit of indigence with the wrong court.
Junior Ray Brown, a Texas state prisoner, filed suit in state district court alleging …
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More from Matthew Clarke:
- Eleventh Circuit Reinstates Alabama Prisoner’s Excessive Prison Violence Claim, Oct. 1, 2026
- Eleventh Circuit Upholds Most of Relief Ordered in Class-Action Lawsuit Challenging Unconstitutionally Inadequate Mental Health Care in Alabama Prisons, Oct. 1, 2026
- Fourth Circuit Upholds Denial of Qualified Immunity to Jail Supervisors Who Ignored Detainee’s Cranial Abscesses, Oct. 1, 2026
- Eighth Circuit Reverses District Court’s Denial of Motion to Dismiss Some Defendants from Lawsuit Over Missouri Prisoner’s Suicide, Oct. 1, 2026
- Eighth Circuit Grants Summary Judgment to Sheriff and County of Nebraska Jail Where Guard Sexually Assaulted Female Prisoner, Oct. 1, 2026
- Federal Court Orders Texas to Admit Incompetent Jailed Defendants to Mental Health Facilities Within 21 Days, Oct. 1, 2026
- Seventh Circuit Grants Qualified Immunity to Detectives Who Revealed Prisoner Was Informant, Denies Him Anonymity, Aug. 1, 2026
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026
- DOJ Issues Memorandum Over BOP Employees Abusing Their Law Enforcement Credentials to Illegally Purchase Personal Firearms, Aug. 1, 2026
More from these topics:
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Ninth Circuit Grants Equitable Tolling Under AEDPA Where Attorney Abandoned Prisoner by Failing to Communicate for Nine Months and Prison Officials Delayed Processing Filing Documents, Dec. 15, 2025. Attorney Misconduct, Legal Materials, Law Library Access/Adequacy, Limitations, AEDPA.
- Federal Injunction Bars ICE from Crowding Detainees in Unsanitary “Hold” Rooms in New York City Office, Nov. 1, 2025. Diabetes, Failure to Treat, Totality of Conditions, Food, Overcrowding, Plumbing, Sanitation, Bedding, Hygiene Supplies, Prisoner Legal Assistance, Legal Materials, Law Library Access/Adequacy, Summary Judgment, Injunctions, Class Certification, Immigration Detention.
- Fourth Circuit Chides Virginia Magistrate for Assuming Prisoners Proceed IFP, Aug. 15, 2024. Filing Fees, Indigent Defendants - Fees and Expenses, In Forma Pauperis.
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, May 1, 2023. Guard Brutality/Beatings, Settlements, Appeals.
- Nevada Federal Court Says Prisoner’s § 1983 Suit Should’ve Been a Habeas Petition, But Returns Filing Fee, Feb. 1, 2023. Filing Fees, 42 U.S. Code § 1983, civil action for deprivation of rights, Amendments to Petition.
- Dismissal Not Authorized for Oregon Victim’s Refusal to Comply With Subpoena, Oct. 4, 2020. Civil Procedure, Subpoenas, Fair Trial.
- U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, July 15, 2020. Appeals, Ineffective Assistance of Counsel.
- Are Prison Law Libraries Adequate?, April 1, 2020. Law Library Access/Adequacy.
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020. Appeals, Sentencing.

