Resource Guide for Managing Prisoner Civil Rights Litigation

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DIANE Publishing, 1997 - Civil rights - 172 pages
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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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.
Page 78 - The court may request an attorney to represent any such person unable to employ counsel and may dismiss the case If the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious.

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