Resource Guide for Managing Prisoner Civil Rights Litigation
A resource for federal judges, pro se law clerks, and others in the courts who manage prisoner pro se litigation. It was designed to highlight critical case-management issues in prisoner civil rights litigation and promote the exchange of useful experiences and ideas. It describes new provisions of the law and how they are likely to affect widespread practices. Contents: PLRA provisions; court-based procedures for facilitating effective management of prisoner litigation; and case-specific procedures for facilitating effective management of prisoner litigation. Sample complaints, applications, notices, and orders.
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10th Cir 9th Cir action or appeal administrative remedies affidavit allegation of poverty amount Application to Proceed appoint counsel attorneys award civil action Civil Procedure claim clerk of court court of appeals custody defendant determining discretion federal court Federal right Federal Rule forma pauperis frivolous or malicious granted habeas corpus IFP status immune incarcerated initial partial filing inmate Judicial law clerks magistrate judge Martinez report motion Office old section 1915(d partial filing fee party pay the full penal institution physical injury plaintiff pleading PLRA pre-PLRA pretrial prison conditions prisoner account prisoner civil rights prisoner release order prisoner's account proceed IFP proceed in forma prospective relief request respect to prison Rule of Civil Sample sanctions seeks monetary relief service of process special master sua sponte submit subsection summary judgment tion title 28 U.S. Code U.S. Courts U.S. District Court U.S. marshal United States Code UNITED STATES DISTRICT
Page 43 - In appraising the sufficiency of a complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Page 30 - We first consider the breach of contract claim, bearing in mind that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Page 77 - Any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees and costs or security therefor, by a person who makes affidavit that he is unable to pay such costs or give security therefor.
Page 74 - ... (17) for a fee imposed by a court for the filing of a case, motion, complaint, or appeal, or for other costs and expenses assessed with respect to such filing, regardless of an assertion of poverty by the debtor under section 1915(b) or (f) of title 28, or the debtor's status as a prisoner, as defined in section 1915(h) of title 28...
Page 77 - An appeal may not be taken in forma pauperis If the trial court certifies in writing that it Is not taken in good faith.
Page 17 - We think an affidavit is sufficient which states that one cannot because of his poverty 'pay or give security for the costs and still be able to provide' himself and dependents 'with the necessities of life.
Page 99 - If the answer is yes, state the total value of the items owned. 4. Do you own any real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings and clothing) ? a. If the answer is yes, describe the property and state its approximate value.
Page 63 - The court shall give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief.
Page 63 - ... no further than necessary to correct the violation of the Federal right, and is the least intrusive means necessary to correct the violation of the Federal right.