Legal Opinion
Oss Smith, Jr. v. Alex Martinez and W.J. Estelle, Jr., Director Texas Department of Corrections
Court of Appeals for the Fifth Circuit
Decided June 6, 1983No. 83-2021PublishedCited by 36 opinions
1Opinion of the Court
TATE, Circuit Judge:
Under the circumstances presented, we find no abuse of the trial court’s discretion in its requirement that the in forma pau-peris prisoner plaintiff pay partial filing and service fees totalling $3.00 from the next of the periodic deposits to be made in his prison account, finding also that the plaintiff was given adequate notice and time to comply with this requirement. We therefore affirm the dismissal of his suit for his failure to make such partial payment of costs.
This is a civil rights suit. 42 U.S.C. § 1983. The plaintiff Smith, a Texas state prisoner, sues two…
2Cases cited4 opinions
- Evans v. CroomCourt of Appeals for the Fourth Circuit · 1981
- Samuel Earl Williams v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1982
- Braden v. EstelleDistrict Court, S.D. Texas · 1977
- Isiah Carl Green, No. 275416, Individually and on Behalf of All Others Similarly Situated v. W. J. Estelle, Jr., Etc.Court of Appeals for the Fifth Circuit · 1981
3Cited by36 opinions
- Olivares v. MarshallCourt of Appeals for the Ninth Circuit · 1995
- Darrell Prows and Arthur John Woods, Jr. v. Warden D.C. KastnerCourt of Appeals for the Fifth Circuit · 1988
- Walker v. People Express Airlines, Inc.Court of Appeals for the Third Circuit · 1989
- Roller v. GunnCourt of Appeals for the Fourth Circuit · 1997
- Ronald Weaver Leo McKaye Morris Martin v. Raymond Toombs Robert Brown, Jr. Donald Mason Robert Mulvaney Ted StrassburgCourt of Appeals for the Sixth Circuit · 1991
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