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Federal Forfeiture Motions are Civil, Subject to PLRA by Federal Forfeiture Motions Are Civil, Subject to PLRA The federal prisoner in Wisconsin filed a motion contesting a forfeiture of property in his criminal case. At 696: The motion is a civil action subject to the PLRA, even though it was …
Article • September 15, 2004 • from PLN September, 2004
Filed under: PLRA, Filing Fees (PLRA)
Pro Se Tips and Tactics by Daniel E. Manville Before starting on my1 first, of many, pro se articles, I want to thank John Midgley on behalf of the hundreds, if not thousands, of prisoners that he has helped through these eight years. He has taken difficult legal concepts for …
Article • August 15, 2004 • from PLN August, 2004
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Ap-peals held the In Forma Pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed …
Article • April 15, 2004 • from PLN April, 2004
PLRA Fee Payments Cease Upon Release from Prison by PLRA Fee Payments Cease Upon Release from Prison The Fourth Circuit Court of Appeals held a prisoner who was granted in forma pauperis (IFP) status is not required to continue filing fee payments upon release from prison. Prisoner Keith William DeBlasio …
Article • January 15, 2004 • from PLN January, 2004
Frivolous Litigator Must Prepay Appellate Filing Fees by Frivolous Litigator Must Prepay Appellate Filing Fees A divided Tenth Circuit U.S. Court of Appeals ruled that a prisoner who had been labeled a "three strikes" frivolous litigator could raise a jurisdictional appellate question, but he could not gain an appellate ruling …
Article • December 15, 2003
Filed under: PLRA, Filing Fees (PLRA), RICO
PLRA Indigency Provision Inapplicable When Filing Fee Paid by The Eleventh Circuit Court of Appeals held the in forma pauperis (IFP) provision of the Prison Litigation Reform Act (PLRA) cannot be used to dismiss a case when the plaintiff pays the filing fee. Thomas R. Farese, a federal prisoner, filed …
Article • December 15, 2003
Filed under: PLRA, Filing Fees (PLRA)
No Filing Fee Refund If Appeal Withdrawn by A prisoner who withdraws his appeal may not get a refund of partial fee payments or a cancellation of the obligation to continue paying. The statute makes no provision for such repayments, and ordinary fee-paying litigants have no opportunity for a refund. …
Texas Court Abused Discretion by Dismissing Prisoner's Retaliation Suit by by Matthew T. Clarke A Texas state court of appeals has held that the trial court abused its discretion when it dismissed a prisoner's suit that alleged retaliation for accessing federal courts. Angel Martinez Vacca, a Texas state prisoner, filed …
Article • October 15, 2003 • from PLN October, 2003
PLRA Does Not Apply to Challenges to Civil Commitment by by Matthew T. Clarke The Eleventh Circuit Court of Appeals has held that the PLRA does not apply to challenges to conditions of confinement by persons detained under the Florida sexually violent predator program. Bryant S. Troville, a Florida civil …
Prisoner Rights Litigation, John R. Williams, 2003 PRISONER RIGHTS LITIGATION John R. Williams 51 Elm Street New Haven, CT 06510 203.562.9931 Fax: 203.776.9494 E-Mail: jrw@johnrwilliams.com Because prisoners do not forfeit all civil rights upon conviction, other actions under Section 1983 also are available even to sentenced inmates. There is no …
Article • November 15, 2002 • from PLN November, 2002
No Fundamental Right to Fee Waiver for Civil Rights Action by No Fundamental Right to Fee Waiver for Civil Rights Actions The Court of Appeals for the Eighth Circuit has upheld the PLRA's three strikes rule, and overturned a case which found that rule unconstitutional. The opinion in this case …
Article • September 15, 2002 • from PLN September, 2002
Multiple Prisoners Proceeding IFP Must Pay Separate Filing Fees by The Eleventh Circuit US Court of Appeals held that multiple prisoners, when asserting in forma pauperis (IFP) status in a federal civil rights action, cannot join their claims to pro-rate a single filing fee among all the plaintiffs. Earnest Hubbard …
Wisconsin DOC in Contempt for Not Collecting PLRA Fees by Wisconsin DOC in Contempt For Not Collecting PLRA Fees The US District Court (E.D. Wis.) issued an Order to Show Cause to Wisconsin DOC Secretary Jon E. Litscher as to why he should not be held in contempt for declaring …
Article • July 15, 2002 • from PLN July, 2002
PLRA Filing Fee Due for Each Separate Appeal by by John E. Dannenberg The Second Circuit US Court of Appeals held that a prisoner filing multiple appeals in the same 42 U.S.C. §1983 civil rights action must pay the full filing fee for each separate appeal. Elvin Lebron, a prisoner …
Article • July 15, 2002 • from PLN July, 2002
Filed under: PLRA, Filing Fees (PLRA)
PLRA Requires Sequential Fee Collection by A Massachusetts federal district court has held that under the Prison Litigation Reform Act (PLRA), indigent prisoners who have filed multiple lawsuits can only be assessed 20% of their total monthly receipts. In other words, the filing fees can only be collected sequentially rather …
Article • February 15, 2002 • from PLN February, 2002
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs by Two recent appellate decisions from the Second and Sixth Federal Circuits have upheld the validity of the PLRA's taxation of costs against unsuccessful prisoner litigants, 28 U.S.C. §1915(f). The Second Circuit ruled that taxation of costs could be …
Article • January 15, 2002 • from PLN January, 2002
No Refund or Cancellation of Filing Fees on Appeal by The Court of Appeals for the Second circuit held that prisoners who proceed in forma pauperis (IFP) on appeal, and later choose to dismiss their appeals before a ruling issues, are not entitled to a refund of the filing fees …
Article • January 15, 2002 • from PLN January, 2002
PLRA Screening Applies Regardless of Fee Status by The Tenth Circuit Court of Appeals held that the Prison Litigation Reform Act (PLRA) screening and dismissal provisions apply even when the prisoner is not proceeding in forma pauperis . Federal prisoner Gerald Plunk filed a Bivens action alleging that he was …
PLRA Does Not Apply to Habeas Corpus Actions by The Court of Appeals for the Sev-enth Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are …
Article • June 15, 2001 • from PLN June, 2001
PLRA-Based Garnishment Used to Collect Court Costs for Defendant by The court of appeals for the Fifth Circuit has held that the method for garnishing a prisoner's trust fund set forth in the Prison Litigation Reform Act (PLRA) and codified at 28 U.S.C. §§ 1915(f)(2)(A), (B) and (b)(2), may be …
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