Legal Opinion

Leslie Thomas Leonard v. Peter J. Lacy, Superintendent, Bare Hill Facility, and Myaddow, Correctional Officer

Court of Appeals for the Second Circuit

Decided July 10, 1996No. Docket 96-2393PublishedCited by 112 opinions

1Opinion of the Court

JON 0. NEWMAN, Chief Judge:

This motion by a state prisoner for leave to appeal in forma pauperis obliges this Court to consider the application of the fee requirements of the Prison Litigation Reform Act of 1995 (“PLRA”). We conclude that an appellate court must take steps to assure compliance with the fee requirements of the PLRA before making any assessment of whether an appeal should be dismissed as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)©. We also conclude that a procedure must be established to assure the prompt and efficient compliance with the PLRA. We outline in this opinion…

2Cases cited2 opinions

  1. Neitzke v. WilliamsSupreme Court of the United States · 1989
  2. Pedro Pablo Hidalgo-Disla v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 1995

3Cited by112 opinions

  1. In Re Jacta Est Alea, Formerly Known as Uriah Marquis PashaCourt of Appeals for the Sixth Circuit · 2002
  2. Dorothy Floyd v. United States Postal Service, Donald Harants, PostmasterCourt of Appeals for the Sixth Circuit · 1997
  3. David Newlin v. David W. Helman, Jesse E. Robinson v. B. Smith, James C. Griffin v. William R. HarrisCourt of Appeals for the Seventh Circuit · 1997
  4. Harris v. City of New YorkCourt of Appeals for the Second Circuit · 2010
  5. Joseph Brown v. SageCourt of Appeals for the Third Circuit · 2019

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