Legal Opinion

Gay v. Texas Department of Corrections State Jail Div.

Court of Appeals for the Fifth Circuit

Decided July 3, 1997No. 96-10995PublishedCited by 78 opinions

1Opinion of the Court

CARL E. STEWART, Circuit Judge:

This case presents yet another spin on the filing-fee provision of the Prison Litigation Reform Act (“PLRA”) of 1995, Title VIII of the Omnibus Consolidated Rescissions and Appropriations Act of 1996, § 804(a), Pub.L. No. 104-134, 110 Stat. 1321 (1996) (to be codified at 28 U.S.C. § 1915). 1 We must decide whether the PLRA’s in for-ma pauperis (IFP) filing requirements apply to a prisoner who files a notice of appeal while he is in prison, but is released from prison during the pendency of his appeal. We hold that a person who files a notice of appeal while in…

2Cases cited12 opinions

  1. In Re Prison Litigation Reform ActCourt of Appeals for the Sixth Circuit · 1997
  2. Adepegba v. HammonsCourt of Appeals for the Fifth Circuit · 1996
  3. Willie Bea Grimes v. Texas Department of Mental Health and Mental Retardation Richmond State SchoolCourt of Appeals for the Fifth Circuit · 1996
  4. Robbins v. SwitzerCourt of Appeals for the Seventh Circuit · 1997
  5. Clarence Duke McGann v. Commissioner, Social Security AdministrationCourt of Appeals for the Second Circuit · 1996

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3Cited by78 opinions

  1. Harris v. GarnerCourt of Appeals for the Eleventh Circuit · 2000
  2. Julius Hodges v. Peter MeletisCourt of Appeals for the Fourth Circuit · 2024
  3. DeBlasio v. GilmoreCourt of Appeals for the Fourth Circuit · 2003
  4. Deblasio v. GilmoreCourt of Appeals for the Fourth Circuit · 2003
  5. Michael Siluk, Jr. v. Catherine MerwinCourt of Appeals for the Third Circuit · 2015

73 more not listed; retrieve them via the Exa API.

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