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PLRA Does Not Prevent In Forma Pauperis Appeal of Case that Resulted in Third Strike
by Matt Clarke
On July 18, 2019, the Fourth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) does not prohibit a prisoner from being granted in forma pauperis status when appealing the dismissal of a case that resulted in his third strike under 28 U.S.C. § ...
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More from this issue:
- News in Brief
- Court Denies Arizona DOC’s Motion to Terminate Monitoring of Prisoners’ Out-of-Cell Time, by Douglas Ankney
- Criminal Justice Leaders Reject Attorney General’s “Tough on Crime” Attitude, by David M. Reutter
- Man Held in Jail Almost Three Months for Possession of ... Honey, by Dale Chappell
- Ninth Circuit Reverses Seizure of Funds from Federal Prisoner for Restitution, by Edward Lyon
- Medical, Mental Health Care Lacking at Florida Jail Despite 43 Years of Court Oversight, by David M. Reutter
- Los Angeles County to Pay $53 Million for Strip Searches of Female Prisoners, by Chad Marks
- Texas Jail Administrator Fired for Tampering with Government Documents, by Matthew Clarke
- Kansas Federal Court Holds U.S. Attorney’s Office in Contempt, by Matthew Clarke
- Summary Judgment Affirmed Against Publication in Civil Commitment Facility, by David M. Reutter
- Food Survey Reveals Washington State Prisoners’ Concerns and Complaints, by Matthew Clarke
- Solitary Confinement for Former Death Row Prisoner Held Unconstitutional, by David M. Reutter
- New York Stops Testing Probationers for Marijuana Use, by Dale Chappell
- Pennsylvania Prisoner Acquitted of Murder After 13-Year Battle – by Defending Himself in Retrial, by Kevin Bliss
- Ohio Mother Loses Children and Job Due to False Arrest, by Edward Lyon
- Project Hope Fights to End the Death Penalty ... from Death Row, by Bill Barton
- Colorado Prisoner Dies as Nurse Watches Videotape; $2.45 Million Settlement, by Edward Lyon
- Georgia Prison System Ordered to Amend Policy to Allow Three-Inch Beards, by David M. Reutter
- FAMM, Washington Lawyers’ Committee, NACDL Launch Compassionate Release Clearinghouse
- BJS Report Finds Sex Offenders Among Former Prisoners Least Likely to Re-Offend, by Scott Grammer
- Judicial Abuse and Law Enforcement Corruption on Trial in Meek Mill Case, by Kevin Bliss
- Illinois Prisoner Wins Partial Victory on Appeal in Hernia Treatment Suit, by Edward Lyon
- Many “Violent Offenders” Actually Committed Non-Violent Crimes, by Bill Barton
- Eighth Circuit Reverses District Court’s Order Requiring Halal Meals, by Chad Marks
- Over Three Decades Later, Turner v. Safley Still Controls Many Prisoner Lawsuits, by Matthew Clarke
- Life Sentence for Joyriding Overturned in California, by Scott Grammer
- Florida Prisoner Left a Quadriplegic After Brutal Beating by Guards, by David M. Reutter
- Overzealous Prosecutors Seek to Lock Up Prisoners Released Under First Step Act, by Chad Marks
- PLRA Does Not Prevent In Forma Pauperis Appeal of Case that Resulted in Third Strike, by Matthew Clarke
- Fourth Circuit Reverses Dismissal of Virginia Prisoner’s Hep C Lawsuit, by David M. Reutter
- Ninth Circuit: Prisoner’s Withdrawal of Consent for Magistrate Judge Improperly Denied, by Kevin Bliss
- Hickman’s Egg Farm Puts Prisoners to Work at High Cost to the Community, Residents Say, by Chad Marks
- Texas Counties Waste Millions by Jailing Defendants Charged with Citation-Eligible Misdemeanors, by Matthew Clarke
- Companies Compete to Build New Alabama Prisons, by David M. Reutter
- Family Sues New Jersey Jail Over Prisoner Suicide, by Edward Lyon
- Prisoners at Indiana Jail Certified as a Class in Conditions of Confinement Suit, by Kevin Bliss
- Fourth Circuit Agrees Virginia’s Death Row Conditions Violated Eighth Amendment, by Scott Grammer
- Colorado Prisoner Receives $200,000 Settlement in Excessive Force Case, by Scott Grammer
- New York State Prisoners Sue to Get Their Pain Medications Back, by Kevin Bliss
- Pennsylvania and Utah Expunge Criminal Cases to Help People Get Jobs, Find Housing, by Dale Chappell
- $2 Million Settlement After Woman Dies While Jailed for Unpaid Traffic Tickets, by Anthony Accurso
- Four Ohio Prisoners Shackled to Table Stabbed by Fellow Prisoner, by Scott Grammer
- Eighth Circuit Reverses Dismissal of Prisoner’s Suit Over Inadequate Shoes, by Chad Marks
- Qualified Immunity Denied when Pretrial Detainees Deprived of Water at Illinois Jail, by David M. Reutter
- The Cost of Wrongful Convictions
- New York City’s Rikers Island Jail Expected to Close by 2026, by Chad Marks
- Seventh Circuit Reverses Two PLRA Dismissals for Failure to Comply with Court Forms, by Edward Lyon
- California Appellate Court Discusses Appointment of Counsel for Incarcerated Litigants, by David M. Reutter
- Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals, by David M. Reutter
- Lawsuit Proceeds Over Conditions at Orange County, California Jail, by Edward Lyon
- Local Taxpayers Face Higher Taxes, Crime Rates Due to Death Penalty Trials, by Dale Chappell
- HRDC Files Suit Against Michigan DOC Over Systemic, Statewide Censorship
- Class Action Certified in Pennsylvania Jail Gender Discrimination Suit, by Matthew Clarke, David M. Reutter
- From the Editor, by Paul Wright
- Wasted Minds: Prisoners Languish in Florida Prisons with Little Access to Education, by Josh Salman, Ryan McKinnon
More from Matthew Clarke:
- U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023, Oct. 1, 2024
- Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, Oct. 1, 2024
- Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, Oct. 1, 2024
- Virginia Governor’s Veto Exposes Prisoners Who Took Plea Bargains to Civil Rights Violations, Sept. 15, 2024
- Law Review Article Reports Metadata on Victims of Coercive Plea Bargaining, Sept. 1, 2024
- California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393, Sept. 1, 2024
- New Mexico Supreme Court Holds Double Jeopardy Applies When Prosecutor’s Misconduct Willfully Disregarded Resulting Mistrial, Sept. 1, 2024
- After Spike in Jail Deaths, Riverside County Sheriff’s Department Under California Department of Justice Investigation, Aug. 15, 2024
- $7.5 Million Settlement in Suit Over California Jail Death, Aug. 15, 2024
- Oregon Transgender Prisoner Claims Abusive Violation of Injunction, but Court Declines Sanctions, Aug. 15, 2024
More from these topics:
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, July 15, 2023. Failure to Treat, PLRA.
- Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion, April 15, 2023. Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error.
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, March 1, 2023. PLRA, Detainers.
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, Nov. 30, 2022. PLRA, Dismissal.
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, Nov. 30, 2022. PLRA, Dismissal.
- Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA, April 1, 2022. PLRA, Dismissal.
- Fifth Circuit Dismisses Appeal by Mississippi Prisoner It Calls “Vexatious Litigant”, Jan. 1, 2022. Frivolous Litigation (PLRA).
- Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA, Dec. 1, 2021. PLRA, Sex Offender Classification.