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Article • May 15, 1997 • from PLN May, 1997
PLRA Applied to Released Prisoners by The court of appeals for the seventh circuit held that appeals filed after the Prison Litigation Reform Act (PLRA) was enacted on April 26, 1996, were subject to dismissal unless a former prisoner paid the filing fees based on the funds he had in …
Article • May 15, 1997 • from PLN May, 1997
PLRA Confuses Courts; Applies Only to Prisoners by To illustrate how poorly written the PLRA is, the court of appeals for the sixth circuit held that 28 U.S.C. § 1915 still "allows individuals who are not prisoners to litigate a case without the prepayment of filing fees." In their haste …
Article • May 15, 1997 • from PLN May, 1997
Filed under: PLRA, Filing Fees (PLRA)
PLRA Fee Requirements Not Applicable to Pending Suits by PLRA Fee Requirements not Applicable To Pending Suits A federal district court in California held that the Prison Litigation Reform Act's (PLRA) In Forma Pauperis (IFP) filing fee provisions are not retroactive to suits filed before the law's April 26, 1996, …
Article • May 15, 1997 • from PLN May, 1997
PLRA Allows Sua Sponte Dismissal by A federal district court in Illinois held that the Prison Litigation Reform Act (PLRA) allows courts to assess filing fees and then dismiss prisoner petitions prior to service on the defendants if they fail to state a claim. Deangelo Jones is an Illinois state …
Reversal of Frivolous Dismissal Voids PLRA Strike by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) applies retroactively to appeals pending on its date of enactment as well as cases dismissed prior to its enactment. The court also held that dismissals based …
Article • March 15, 1997 • from PLN March, 1997
PLRA Overrules FRAP 24(a) by The court of appeals for the fifth circuit held that the PLRA's filing fee provisions supersede Federal Rule of Appellate Procedure (FRAP) 24(a). Ira Jackson, a Texas state prisoner filed suit claiming prison officials were deliberately indifferent to his serious medical needs. The district court …
Article • March 15, 1997 • from PLN March, 1997
Third Circuit: PLRA Doesn't Apply to Mandamus by The court of appeals for the third circuit held that the filing fee provisions of the Prison Litigation Reform Act (PLRA) do not apply to writs of mandamus. Ronald Madden, a Tennessee state prisoner, filed a habeas corpus petition challenging his extradition …
Article • March 15, 1997 • from PLN March, 1997
5th Circuit: PLRA Doesn't Apply to Habeas by Joining the second, third and seventh circuits the court of appeals for the fifth circuit held that the filing fee provisions of the PLRA do not apply to habeas corpus actions. Ralph Cole, a federal prisoner, sought permission to appeal the denial …
Article • February 15, 1997 • from PLN January, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the second circuit held that the provisions of the Prison Litigation Reform Act (PLRA) requiring payment of filing fees do not apply if the prisoner is released after filing suit. Clarence McGann, a New York state prisoner, …
Article • February 15, 1997 • from PLN February, 1997
Third Circuit Rules that PLRA Doesn't Apply to Habeas by The court of appeals for the third circuit held that the Prison Litigation Reform Act's (PLRA) provision that prisoner litigants pay the filing fee for civil actions does not apply to habeas corpus petitions. The court gave an extensive discussion …
Article • February 15, 1997 • from PLN February, 1997
PLRA's IFP Provisions Violate Equal Protection by A federal district court in Iowa held that the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) are retroactive and violate the equal protection clause of the fifth amendment. Section 804(d) of the PLRA created a new subsection to …
Article • February 15, 1997 • from PLN February, 1997
PLRA IFP Provision Applied Retroactively by The court of appeals for the ninth circuit held that 28 U.S.C. § 1915(e)(2), which allows courts to dismiss prisoner suits that have been filed In Forma Pauperis (IFP) at any time if determined to be frivolous, can be applied retroactively to appeals pending …
Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Applies PLRA to Federal Prisoners by In five consolidated appeals the court of appeals for the seventh circuit applied the Prison Litigation Reform Act (PLRA) to actions brought by federal prisoners. The court held that this ruling, together with Martin v. United States, 96 F.3d 853 (7th Cir. …
Article • February 15, 1997 • from PLN January, 1997
Seventh Circuit Defines and Applies PLRA and AEDPA by In five consolidated appeals the seventh circuit held that for purposes of the Prison Litigation Reform Act (PLRA) neither habeas corpus petitions nor petitions for mandamus in criminal proceedings constitute "prisoner litigation" and thus do not require payment of filing fees …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Applicable to Appeals Filed before Passage by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) fee provisions did not apply to appeals submitted prior to its passage. The court also held that summary judgment rulings must be properly supported by …
Article • November 15, 1996 • from PLN November, 1996
Filing Fee Requirement Not Retroactive by The court of appeals for the tenth circuit held that the Prison Litigation Reform Act (PLRA) did not have retroactive effect as applied to filing fees for indigent litigants. David White, a Colorado state prisoner, filed suit after he was denied access to a …
Article • November 15, 1996 • from PLN November, 1996
Three Strikes Applied by The court of appeals for the seventh circuit discussed the application of the Prison Litigation Reform Act's (PLRA) provision requiring full payment of filing fees after three suits have been dismissed as frivolous, malicious or failing to state a claim upon which relief can be granted. …
Article • November 15, 1996 • from PLN November, 1996
PLRA Filing Fees Don't Apply to Habeas Petitions by The court of appeals for the second circuit has held that the Prison Litigation Reform Act's (PLRA) imposition of filing fee payment obligations on civil actions filed by prisoners do not apply to habeas corpus petitions. While federal habeas corpus petitions …
Article • November 15, 1996 • from PLN November, 1996
PLRA Applied Retroactively to Filing Fees by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) provisions requiring payment of filing fees applies retroactively to civil appeals filed by indigent pro se prisoners before the PLRA's enactment. The case involves four unrelated prison …
Article • November 15, 1996 • from PLN November, 1996
Prior Frivolous Suits Count for PLRA by The court of appeals for the tenth circuit held that writs of mandamus fall within the scope of filing fee requirements imposed by the Prison Litigation Reform Act (PLRA), Public Law 104-134, 110 Stat. 1321 (April 26, 1996). The court also held that …
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