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Article • September 1, 1998 • from P&J September, 1998
Murray v. Dosal, No. 97-2828 (8th Cir.) (150 F.3d 814) (July 20, 1998) (Per Curiam) by Over the strong dissent of Judge Heaney, the Eight Circuit rejected a series of constitutional challenges to the filing fee requirements of the PLRA, holding that they do not infringe on the right of …
Article • July 1, 1998 • from P&J July, 1998
Tucker v. Branker, No. 96-5177 (D.C. Cir.) (142 F.3d 1294) (May 12, 1998) (Judge Douglas Ginsburg) by The tone of this decision was set in the Court's discussion of the reasons why there are "rational reasons" for treating prisoners and non-prisoners differently. The Court stated: "First . . . A …
Article • October 1, 1997 • from P&J October, 1997
Norton v. Dimazana, No. 96-40912 (5th Cir.) (122 F.3d 286) (September 22, 1997) (Judge Emilio M. Garza) by Among the notable holdings in this case was a conclusion that "The fee provisions of the PLRA, in a sense, level the playing field between incarcerated I.f.p. litigants and other litigants in …
Article • September 1, 1997 • from P&J September, 1997
Martin v. Bissonette, No. 96-1856 (1st Cir.) (118 F.3d 871) (May 29, 1997) (Judge Bruce M. Selya) by Martin v. Bissonette, 118 F.3d 871 (1st Cir. 1997) (Judge Selya) In Re Stone, 118 F.3d 1032 (5th Cir. 1997) (Judge Little) The courts continue to attempt to decipher the intent of …
Article • September 1, 1997 • from P&J September, 1997
Martin v. Bissonette, No. 96-1856 (1st Cir.) (118 F.3d 871) (May 29, 1997) (Judge Bruce M. Selya) by Case held that the filing fee provisions of the PLRA do not apply to habeas corpus petitions prosecuted in Federal courts by state prisoners. Martin v. Bissonette, 118 F.3d 871 (1st Cir. …
Article • April 1, 1997 • from P&J April, 1997
Roller v. Gunn, No. 96-6992 (4th Cir.) (107 F.3d 227) (February 19, 1997) (Judge J. Harvie III Wilkinson) by Among its more notable statements, the Court held that "the right of access to federal courts is not a free-floating right, but rather is sibject to Congress' Article III power to …
Article • March 1, 1997 • from P&J March, 1997
Hampton v. Hobbs, No. 96-3524 (6th Cir.) (106 F.3d 1281) (February 13, 1997) (Judge Boyce F. Jr. Martin) by Here the Court rejected a broad series of constitutional challenges to the filing fee provisions of the PLRA, holding they do not violate prisoners' rights of access to the courts or …