Charles D. Wilson, Sr. v. George Sargent
Court of Appeals for the Eleventh Circuit
Non-Argument Calendar.
1Per curiam
Charles Wilson, a Georgia state prisoner, appeals pro se the dismissal of his § 1983 action for failure to pay an initial partial filing fee of $7.16 as ordered by the district court. We conclude that before dismissing the complaint, the court was required to ascertain whether Wilson had attempted to comply with the fee order by requesting or authorizing prison officials to withdraw the partial filing fee from his prison trust fund account. Because the court did not do so, but merely dismissed the case sua sponte, we vacate the dismissal and remand this case for that inquiry.
I. Factual…
2Cases cited11 opinions
- Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
- Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 1997
- Harold Henderson v. Larry Norris, Director, Arkansas Department of Correction David Guntharp, Assistant Director, Arkansas Department of CorrectionCourt of Appeals for the Eighth Circuit · 1997
- Harris v. GarnerCourt of Appeals for the Eleventh Circuit · 2000
- Hubbard v. HaleyCourt of Appeals for the Eleventh Circuit · 2001
6 more not listed; retrieve them via the Exa API.
3Cited by232 opinions
- Cosby v. MeadorsCourt of Appeals for the Tenth Circuit · 2003
- Julius Hodges v. Peter MeletisCourt of Appeals for the Fourth Circuit · 2024
- Leonard Thomas v. Keith ButtsCourt of Appeals for the Seventh Circuit · 2014
- Charles Sultan v. James FenoglioCourt of Appeals for the Seventh Circuit · 2015
- Redmond v. GillCourt of Appeals for the Third Circuit · 2003
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