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District Court Can't Dismiss Appeal for Failure to Pay Filing Fee
Loaded on May 15, 1999
published in Prison Legal News
May, 1999, page 25
The court of appeals for the Seventh circuit held that district courts lack the statutory authority to dismiss appeals due to a party's failure to pay the filing fee. Earl Sperow, an Illinois state prisoner, filed a lawsuit which was dismissed for failure to state a claim. Sperow filed a ...
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More from these topics:
- Ninth Circuit Refunds Filing Fee to “Struck-Out” California Prisoner Denied Indigent Status Under PLRA, May 1, 2024. Filing Fees (PLRA), Recalling Mandate, Three Strike Litigants.
- “Third Time Is Not the Charm” For Texas Jailers Barred by PLRA from Enforcing Prior Settlement Agreement Against Prisoner in New Suit, May 1, 2024. Jail Specific, PLRA, Settlements, Attorney Calls, Civil Settlement - Effect of, Prison Litigation Reform Act (PLRA), Wiretaps/Wiretap Evidence.
- Finding Indiana Grievance Process “Unavailable,” Federal Judge Grants Summary Judgment to 22 Prisoners on Same Day, April 1, 2024. PLRA, Administrative Exhaustion (PLRA), Prison Litigation Reform Act (PLRA).
- Tenth Circuit: Colorado Prisoner’s Injury Requiring Medical Treatment Not De Minimus, July 15, 2023. Failure to Treat, PLRA.
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, May 1, 2023. Guard Brutality/Beatings, Settlements, Appeals.
- After Eleventh Circuit Says ICE Detainee Is Not “Prisoner” Subject to PLRA, He Goes Missing from Georgia, March 1, 2023. PLRA, Detainers.
- Eighth Circuit Says Judge Dismissing Claim of Federal Prisoner in Arkansas Was Premature in Counting It a PLRA ‘Strike’, Nov. 30, 2022. PLRA, Dismissal.
- Eleventh Circuit Says No PLRA ‘Strike’ for Dismissal of Case Removed From State to Federal Court, Nov. 30, 2022. PLRA, Dismissal.
- Third Circuit Says Mixed Dismissal of Civil Rights Action Not a Strike Under PLRA, April 1, 2022. PLRA, Dismissal.
- Civilly Detained Sex Offender Plaintiff Proceeding In Forma Pauperis Not a Prisoner Under PLRA, Dec. 1, 2021. PLRA, Sex Offender Classification.