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Article • July 15, 1998 • from PLN July, 1998
PLRA Three Strikes Ruling Vacated by In the February, 1997, issue of PLN we reported Lyon v. Vandekrol , 940 F. Supp. 1433 (SD IA 1996) where a federal district court held that 28 U.S.C. § 1915(g), section 804 of the PLRA, violates the equal protection clause of the U.S. …
Article • June 15, 1998 • from PLN June, 1998
Filed under: PLRA, Filing Fees (PLRA)
PLRA Filing Fee Provisions Not Retroactive by The court of appeals for the fourth circuit held that the provisions of the Prison Litigation Reform Act (PLRA) that require prisoners filing civil actions or appeals in forma pauperis (IFP) to ultimately pay the filing fees in full, do not apply retroactively. …
Article • June 15, 1998 • from PLN June, 1998
Eighth Circuit Issues PLRA IFP Procedures by The court of appeals for the eighth circuit has issued a ruling describing the procedures it and all district courts in that circuit will use to assess and collect filing fees from prisoners who file with In Forma Pauperis (IFP) status. The court …
Article • June 15, 1998 • from PLN June, 1998
Some PLRA Fee Questions Answered by the Seventh Circuit by The court of appeals for the seventh circuit held that once a trial court determines that an appeal is taken in bad faith, a prisoner is disqualified from proceeding in forma pauperis on appeal. Any subsequent appeal, if determined to …
Article • May 15, 1998 • from PLN May, 1998
Filed under: PLRA, Filing Fees (PLRA)
Fee Required in Voluntary Dismissal by A federal district court in Nebraska held that the IFP fee requirements of the PLRA, 28 U.S.C. § 1915(b)(2) require payment of the full filing fee even if the prisoner plaintiff later decides to voluntarily dismiss the action. See: Conley v. Henderson , 980 …
Article • May 15, 1998 • from PLN May, 1998
Prior Dismissals Count as Strikes by The court of appeals for the third and ninth circuits joined the fifth, seventh and tenth circuits in holding that 28 U.S.C. § 1915(g) applies to cases dismissed before the PLRA's April 26, 1996, enactment. Section 1915(g) prohibits prisoners from proceeding with in forma …
Article • May 15, 1998 • from PLN May, 1998
Tenth Cir. Upholds IFP Provisions by The court of appeals for the tenth circuit held that the PLRA's IFP provisions, requiring full payment of all filing fees, were constitutional. All circuit courts to consider the issue have held likewise. The court also upheld the censorship of the magazine Muhammad Speaks …
Article • May 15, 1998 • from PLN May, 1998
Bad Faith Appeals by The court of appeals for the District of Columbia circuit held that 28 U.S.C. § 1915(a)(3) precludes prisoners from appealing without full prepayment of the filing fees if the district court certifies that the appeal is not taken in good faith. The issue was one of …
Article • April 15, 1998 • from PLN April, 1998
5th Cir. Holds IFP Dismissals Are With Prejudice by 5th Cir. Holds IFP Dismissals are With Prejudice The court of appeals for the fifth circuit, en banc, held that cases dismissed under 28 U.S.C. § 1915, the In Forma Pauperis (IFP) statute will now be considered to be with prejudice, …
Article • March 15, 1998 • from PLN March, 1998
Sixth Circuit Discusses Habeas IFP by The court of appeals for the sixth circuit has outlined the procedures habeas corpus petitioners seeking In Forma Pauperis (IFP) status must follow. Every circuit to consider this issue has held that the Prison Litigation Reform Act's (PLRA) filing fee provisions do not apply …
Article • March 15, 1998 • from PLN March, 1998
Filed under: PLRA, Filing Fees (PLRA)
Court Questions PLRA IFP Provisions by In a rare voice of dissent to the PLRA's filing fee provisions, Judge Reynolds of the U.S. district court in Wisconsin, described the filing fee requirements of the Prison Litigation Reform Act, then summed it up. "This provision is mean spirited and unnecessary. In …
Article • January 15, 1998 • from PLN January, 1998
Motion for Seized Property Subject to PLRA Fee by The court of appeals for the fifth circuit held that a federal prisoner's motion for the return of seized property period had run. The district court did not reconsider its ruling. The court of appeals vacated and remanded. The appeals court …
Article • January 15, 1998 • from PLN January, 1998
Filed under: PLRA, Filing Fees (PLRA)
Mailbox Rule Applies to Trust Fund Statement by The court of appeals for the ninth circuit held that Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988) applies to the filing of trust fund account statements as required by 28 U.S.C. § 1915(a)(2) of the PLRA's filing fee requirements. …
Article • January 15, 1998 • from PLN January, 1998
Mandamus Appeal Denied as Third Strike by The court of appeals for the tenth circuit held that 28 U.S.C. § 1915(g), which bans in forma pauperis civil actions for prisoners that have had three or more actions dismissed as frivolous, malicious or for failing to state a claim, prevents the …
Article • January 15, 1998 • from PLN January, 1998
PLRA Doesn't Apply to Habeas by The court of appeals for the first circuit held that the filing fee provisions of the PLRA do not apply to habeas corpus petitions. In doing so, the first circuit joined the other eleven circuits that have held likewise. At this point all circuit …
Article • January 15, 1998 • from PLN January, 1998
Dismissal of Paid Suit Counts as a "Strike" by The court of appeals for the seventh circuit held that the dismissal of a lawsuit in which the filing fee had been paid counts as a "strike" under 28 U.S.C. § 1915(g). Section (g) of the In Forma Pauperis statute requires …
Article • January 15, 1998 • from PLN January, 1998
Filed under: PLRA, Filing Fees (PLRA)
Fifth Circuit Upholds PLRA IFP Provisions by The court of appeals for the fifth circuit held that the PLRA's filing fee provisions, 28 U.S.C. § 1915, which require that prisoners pay the filing fees of any civil suits or appeals they file in federal court, are constitutional. The court held …
Article • January 15, 1998 • from PLN January, 1998
Writs of Mandamus Not Subject to PLRA Fees by Writs of Mandamus Not Subject to PLRA Fees: The court of appeals for the fifth circuit joined the second and seventh circuit in holding that petitions seeking writs of mandamus in the court of appeals are not subject to the PLRA's …
Fifth Circuit Rules on Appeals to Denials of IFP Status by The court of appeals for the fifth circuit held that prisoners denied In Forma Pauperis (IFP) status in the district courts and whose lawsuit is dismissed as frivolous under 28 U.S.C. § 1915 can appeal that ruling. The court …
Eleventh Circuit Approves and Applies the PLRA by James Quigley By James Quigley The court of appeals for the eleventh circuit held that the provisions of the Prison Litigation Reform Act (PLRA) apply to cases pending prior to its enactment; that the filing fee requirements of the Act do not …
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