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Indigent Texas Prisoners Subject to 31 Day Statute of Limitations by In two recent cases, Texas state restrictions on the filing of civil lawsuits, codified at Chapter 14 of the Texas Civil Practice and Remedies Code (TCPRC), in Texas state court have been upheld. One restriction includes a 31day statute …
IFP Litigant Entitled to Amend Complaint by The court of appeals for the Second circuit held that a district court erred when it dismissed an indigent pro se prisoner's complaint without affording him an opportunity to amend the complaint and cure the defect. Benjamin Cruz, a Connecticut state prisoner, filed …
Article • December 15, 2000 • from PLN December, 2000
Dismissal for Texas Prisoner's Failure to State Facts of Prior Suits by A Texas state court of appeals has held that a prisoner's lawsuit may be dismissed as frivolous because the prisoner failed to list the operative facts of his previous lawsuits, identify the parties involved, and state whether the …
Article • February 15, 2000 • from PLN February, 2000
Litigation Costs Not Dischargeable in Bankruptcy by A federal bankruptcy court in Idaho held that the PLRA's modification to the bankruptcy code, 11 U.S.C. § 523(a)(7), which exempts from chapter 7 bankruptcy discharge any debt involving filing fees and litigation costs, applies to non prisoners as well as prisoners. The …
Article • July 15, 1999 • from PLN July, 1999
FRAP 24 Good Faith Standard Not High by The court of appeals for the Seventh Circuit held that district courts should not apply inappropriately high standards when making "good faith" determinations on in forma pauperis (IFP) motions under Rule 24 of the Federal Rules of Appellate Procedure (FRAP). The court …
Article • July 15, 1999 • from PLN July, 1999
Arizona Prisoners Can Pay Filing Fee in Installments by An Arizona appellate court held that a lower court had erred in ruling incarcerated felons were required to prepay, in its entirety, all filing fees when filing civil actions. Jose Inzunza-Ortega attempted to file a civil suit in Maricopa county (Phoenix) …
Article • March 15, 1998 • from PLN March, 1998
Arizona Court Fee Law Upheld by Afederal district court in Arizona upheld the constitutionality of a state statute that requires prisoners to pay the full filing fee in state court actions they initiate. The Arizona legislature enacted A.R.S. § 12-306(c) and A.R.S. § 12-302(B) which eliminates the waiver of filing …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the fifth circuit held that released prisoners who are indigent need not pay PLRA filing fees. Harry Haynes was a Texas state prisoner released on parole shortly after suing prison officials. Haynes had sought leave to file …
Article • October 15, 1997 • from PLN October, 1997
Released Prisoners Must Pay Filing Fees by The court of appeals for the District of Columbia Circuit held that PLRA fee requirements apply to all federal civil actions and must be paid by prisoners later released from prison. Shortly before being released from prison Peter Smith, a federal prisoner, filed …
Article • October 15, 1997 • from PLN October, 1997
Recent US Supreme Court Rulings of Interest: Court Access by The court struck down a Mississippi law that conditioned appeals in parental rights cases to prepayment of record preparation fees, with no provisions for indigents. The case involved a mother who lost parental rights, forever, to her two minor children …
Article • June 15, 1997 • from PLN June, 1997
Relation Back Period Suspended during IFP Application by The court of appeals for the third circuit held that the 120 day period allowed for amending complaints under Fed.R.Civ.P. 15(c) is suspended while a district court makes an In Forma Pauperis (IFP) determination under 28 U.S.C. § 1915. Donald Urrutia, a …
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 …
No Administrative Exhaustion Requirement in 7th Circuit by The court of appeals for the seventh circuit held that prisoners seeking money damages need not exhaust administrative remedies prior to filing suit. The court also held a district court erred when it dismissed a complaint filed in forma pauperis solely because …
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 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 • December 15, 1996 • from PLN December, 1996
Censorship of Rap Tape States Claim by Afederal district court in Wisconsin granted a prisoner plaintiff's motion for in forma pauperis status holding that censorship of a rap music tape states a claim for a first amendment violation. James Golden, a Wisconsin state prisoner, filed suit challenging the censorship of …
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