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3rd Cir. Applies 'Imminent Danger' Exception to PLRA 3 Strikes by The court of appeals for the third circuit held that a district court erred when it dismissed a prisoner's In Forma Pauperis (IFP) suit because three prior suits had been dismissed, when the instant suit claimed the plaintiff was …
Article • October 15, 1997 • from PLN October, 1997
Filing Fee Assessed in Dismissed Appeal by The court of appeals for the fifth circuit held that under the PLRA prisoner litigants remain responsible for appellate filing fees in cases where the appeal is eventually dismissed for lack of jurisdiction. The court held that under 28 U.S.C. § 1915(b)(1) prisoners …
Article • October 15, 1997 • from PLN October, 1997
Filed under: PLRA, Filing Fees (PLRA)
Released Prisoner Must Pay Filing Fees by The court of appeals for the fifth circuit held that a person who files a notice of appeal while in prison is subject to the PLRA's filing fee requirements even if later released from prison. The court distinguished this case from Haynes v. …
Article • October 15, 1997 • from PLN October, 1997
PLRA Fees Don't Apply to Habeas by The court of appeals for the tenth circuit joined every other circuit to consider the issue by holding that the PLRA's fee requirements do not apply to habeas corpus petitions. Thus, indigent prisoners can still seek a waiver of filing fees for habeas …
Article • September 15, 1997 • from PLN September, 1997
Sixth Circuit Explains PLRA Again by In the June, 1997, issue of PLN we reported In Re Prison Litigation Reform Act, 105 F.3d 1131 (6th Cir. 1997) where the chief judge of the sixth circuit issued an administrative order to guide judges in that circuit on how to implement the …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
Second Circuit Affirms IFP Provisions by The court of appeals for the second circuit held that the filing fee provisions of the PLRA, which require that prisoners ultimately pay all filing fees in civil litigation, are constitutional. The court agreed with the fourth, sixth and eleventh circuits, which have already …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
PLRA Forbids Dismissal of Suits Without Paid Fees by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) does not require dismissal of a prisoner's civil rights suit because he had not yet paid the fees arising from a prior lawsuit. Gary Walp, …
Article • August 15, 1997 • from PLN August, 1997
District Courts Responsible for PLRA Appeal Fees by The court of appeals for the fifth circuit held that a district court erred when it refused to rule on a prisoner's motion to proceed on appeal with In Forma Pauperis (IFP) status, i.e., without pre-paying the filing fees. Prisoners seeking "to …
Article • August 15, 1997 • from PLN August, 1997
PLRA Filing Fees Don't Apply to Habeas by The court of appeals for the Fourth and District of Columbia circuits held that the filing fee provisions of the PLRA do not apply to habeas corpus petitions filed by prisoners. These courts agreed with all other circuits, the second, third, fifth, …
Article • August 15, 1997 • from PLN August, 1997
Fifth Circuit Applies Three Strikes Provision by The court of appeals for the fifth circuit held that 28 U.S.C. § 1915(g), which does not allow IFP status to prisoners who have had three or more suits dismissed as frivolous or for failing to state a claim, is constitutional. The court …
Article • August 15, 1997 • from PLN August, 1997
Filed under: PLRA, Filing Fees (PLRA), Parole
Fourth Circuit Affirms PLRA IFP Provisions in Parole Suit by The court of appeals for the fourth circuit held that changes to 28 U.S.C. § 1915 by the Prison Litigation Reform Act (PLRA), which requires prisoners to pay full filing fees in all civil litigation, are constitutional. Gary Roller, a …
Article • July 15, 1997 • from PLN July, 1997
Filed under: PLRA, Filing Fees (PLRA)
6th Circuit Upholds PLRA IFP Provisions by The court of appeals for the sixth circuit rejected the first extensive constitutional challenge made to the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA). The PLRA changes to 28 U.S.C. § 1915, the IFP statute, were detailed in …
Article • July 15, 1997 • from PLN July, 1997
PLRA Filing Fees Not Applicable to Habeas by The tenth and eleventh circuit courts of appeals held that the PLRA's filing fee requirements for indigent prisoners do not apply to habeas corpus petitions. The five other circuits to consider this question have reached the same result. Thus, indigent prisoners need …
Article • July 15, 1997 • from PLN July, 1997
Filing Fees Required in Civil Mandamus by The court of appeals for the tenth circuit held that the PLRA's filing fee requirements apply when a prisoner litigant seeks a writ of mandamus in an ongoing civil suit. The court did not discuss whether this applied to writs of mandamus in …
Article • July 15, 1997 • from PLN July, 1997
PLRA Doesn't Apply to Immigration Detainees by The court of appeals for the fifth circuit held that the Prison Litigation Reform Act (PLRA) does not apply to immigration detainees. Anthony Ojo was convicted of a drug offense, sentenced to five years in prison and after completing that sentence the Immigration …
Article • June 15, 1997 • from PLN June, 1997
Sixth Circuit Issues PLRA IFP Order by On February 4, 1997, Boyce Martin, chief judge of the sixth circuit, issued an administrative order directing all circuit and district court judges in the sixth circuit to apply the In Forma Pauperis (IFP) provisions of the Prison Litigation Reform Act (PLRA) uniformly …
No Frivolousness Review Allowed When Filing Fee Paid by The court of appeals for the eighth circuit held that a district court erred when it dismissed portions of a pro se prisoner's complaint after the filing fee had been paid. The lower court also erred when it instructed the defendants …
Article • June 15, 1997 • from PLN June, 1997
Fifth Circuit Holds that PLRA Requires Fees in All Pending Cases by In two separate rulings, the court of appeals for the fifth circuit held that litigants must pay the filing fees in all civil cases pending on the date the Prison Litigation Reform Act (PLRA) was signed into law …
Article • June 15, 1997 • from PLN June, 1997
Ninth Circuit: PLRA Doesn't Apply to Habeas by The court of appeals for the ninth circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) do not apply to habeas corpus proceedings. "We... hold that the forma pauperis provisions of the PLRA relating to prisoner civil …
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 …
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