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Article • December 15, 2000 • from PLN December, 2000
Error to Dismiss Suit for Inability to Pay Filing Fee by The court of appeals for the Fifth circuit held that it was an abuse of discretion for a district court to dismiss a prisoner's suit for failure to pay the initial assessed filing fee without first determining if the …
Article • May 15, 2000 • from PLN May, 2000
Filed under: PLRA, Filing Fees (PLRA)
Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee by Inquiry Required Before Dismissal for Failure to Pay Partial Filing Fee The Eleventh Circuit Court of Appeals has held a district court must inquire into why a prisoner failed to pay an initial partial filing fee as ordered …
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA)
Judicial Screening Applies Only to IFP Suits by The court of appeals for the Sixth circuit held that 28 U.S.C. § 1915(e)(2), which requires judicial screening of lawsuits and dismissal under certain conditions, applies only to suits filed in forma pauperis (IFP), or without the pre-payment of the filing fees. …
Article • February 15, 2000 • from PLN February, 2000
"Three Strikes" Provision of PLRA Unconstitutional by A federal district court in Arkansas held that a prisoner had standing to challenge the "three strikes" provision of the Prison Litigation Reform Act (PLRA) on equal protection grounds, and that "strict scrutiny" analysis applied. As a result, the provision was declared unconstitutional. …
Article • February 15, 2000 • from PLN February, 2000
Filing Fee Refunded in Habeas Case by A federal district court in Massachusetts held that a habeas petitioner had incorrectly been required to pay the appellate filing fee. Because the Prison Litigation Reform Act's (PLRA) filing fee requirements do not apply to habeas petitions the court ordered the filing fee …
Article • February 15, 2000 • from PLN February, 2000
No Filing Fee Required if IFP Denied in DC Circuit by No Filing Fee Required if IFP Denied in DC Circuit: Reflecting a widening split between the circuits on this issue, the court of appeals for District of Columbia circuit held that when prisoner plaintiffs are denied In Forma Pauperis …
Article • February 15, 2000 • from PLN February, 2000
Tenth Circuit Clarifies Three Strikes by The court of appeals for the Tenth circuit held that under 28 U.S.C. 1915(g), which prohibits IFP status for prisoner litigants that have had three or more suits dismissed as frivolous, malicious or for failing to state a claim upon which relief can be …
Article • February 15, 2000 • from PLN February, 2000
Wisconsin Release Account Used to Pay Filing Fees by A federal district court in Wisconsin held that a prisoner's "release account" can be used to pay PLRA filing fees. The Wisconsin DOC takes a percentage of prisoners' money which it places in an account that can only be accessed when …
Article • February 15, 2000 • from PLN February, 2000
Warden Purged of Contempt by In the August, 1999, issue of PLN we reported Hall v. Stone, 170 F.3d 706 (7th Cir. 1999) in which Bureau of Prisons (BOP) warden John Farello was held in contempt of court for failing to pay a prisoners' PLRA filing fee. In this ruling …
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA)
28 U.S.C. § 1915A Applies to All Prisoner Suits by 28 U.S.C. § 1915A Applies to All Prisoner Suits The court of appeals for the Second circuit held that 28 U.S.C. § 1915A applies to all suits filed by prisoners. Section 1915A requires district courts to screen civil suits filed …
Article • December 15, 1999 • from PLN December, 1999
IFP Plaintiffs Must Have Opportunity to Challenge Reasons for "Bad Faith" Certifications by The U.S. court of appeals for the Seventh Circuit held that prisoners, who proceed in forma pauperis (IFP) before a district court, are entitled to an opportunity to give reasons justifying an appeal, whenever a district court …
A Guide to the Prison Litigation Reform Act, by John Boston (Review) by Paul Wright Review by Paul Wright The passage of the Prison Litigation Reform Act (PLRA) in 1996 has significantly changed many aspects of prison and jail litigation. The PLRA makes it increasingly difficult for prisoner plaintiffs to …
Article • September 15, 1999 • from PLN September, 1999
Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively by Third Circuit Holds 28 USC § 1915(g) Does Not Apply Retroactively The court of appeals for the Third circuit held that 28 U.S.C. § 1915(g) does not allow courts to revoke the In Forma Pauperis status of litigants …
Article • September 15, 1999 • from PLN September, 1999
Filed under: PLRA, Filing Fees (PLRA)
De Novo Review for § 1915A Dismissals by The court of appeals for the Fifth circuit held that dismissals by district courts under 28 U.S.C. § 1915A should be reviewed de novo on appeal. Section 1915A requires district courts to screen prisoner lawsuits and dismiss those which are frivolous, malicious …
Article • September 15, 1999 • from PLN September, 1999
Three Strikes Upheld by Ninth Circuit by The court of appeals for the Ninth circuit upheld the constitutionality of 28 U.S.C. § 1915(g). Section 1915(g) generally denies in forma pauperis status to prisoner litigants that have had more than three lawsuits dismissed as frivolous, malicious or for failing to state …
BOP Warden Held in Contempt for Failure to Forward PLRA Filing Fee by The court of appeals for the Seventh circuit held that prison wardens are responsible for ensuring Prison Litigation Reform Act (PLRA) filing fees are transmitted from the trust accounts of prisoners to the courts. Wardens who fail …
Article • August 15, 1999 • from PLN August, 1999
Seventh Circuit Clarifies Good Faith Appeal Standard, Again by In its third ruling on the topic in recent months, the court of appeals for the Seventh circuit attempted to delineate what constitutes a "good faith" appeal under the Prison Litigation Reform Act (PLRA). Aaron Hyche, an Illinois state prisoner, filed …
Article • August 15, 1999 • from PLN August, 1999
Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit by The court of appeals for the Second circuit held that district courts must grant leave to indigent pro se litigants to amend their complaints before the suit is dismissed. The suit in this case was filed by a …
Article • July 15, 1999 • from PLN July, 1999
Federal Habeas Not Subject to PLRA by The court of appeals for the Fifth circuit held that 28 U.S.C. § 2241 habeas petitions are not subject to the filing fee provisions of the Prison Litigation Reform Act (PLRA). Samuel Davis, a federal prisoner, filed a writ of mandamus to compel …
Court Screening Applies to Paid Suits Too by The court of appeals for the Fifth circuit held that 28 U.S.C. § 1915A allows district courts to dismiss as frivolous even lawsuits where the filing fee has been prepaid in full. The court also held that challenges to conditions of confinement …
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