Chester MARKS, Plaintiff-Appellant, v. Geri SOLCUM; Terri Solcum, Defendants-Appellees

On April 26, 1996, the Prison Litigation Reform Act of 1996 (“the Act”), Pub.L. No. 104-134, 110 Stat. 1321, was signed into law. A provision of the Act, 28 U.S.C. § 1915(e)(2) (as amended), applies to prisoner proceedings in forma pauperis and requires us to dismiss an appeal sua sponte at any time if the case is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant immune from such relief. This appeal requires us to determine whether section 1915(e)(2) applies to appeals pending in this court on the date of its enactment. We…