35. Property-prisoner personal.

U.S. Appeals Court DISPOSITION OF FUNDS

Atchison v. Collins, 288 F.3d 177 (5th Cir. 2002). An inmate filed a motion asking the federal court to compel a correction department to deduct no more than 20% of his monthly income to pay for filing fees incurred as the result of unsuccessful actions in federal court. The district court denied the motion and the appeals court affirmed. The department had been deducting 60 percent to pay for three filling fees on which the inmate owed money; the appeals court held that the twenty-percent-of-income payments provided for under the Prison Litigation Reform Act (PLRA) must be calculated "per case" rather than "per prisoner." (Texas Department of Criminal Justice, Eastham Unit)

U.S. Appeals Court INMATE FUNDS

In re Alea, 286 F.3d 378 (6th Cir. 2002). A state inmate petitioned for a writ of prohibition to prevent the U.S. District Court from further collections of money from his prison account for payment of a filing fee in his dismissed civil rights action. The appeals court denied the petition, finding that the dismissal of the suit under the three-strikes provision of the Prison Litigation Reform Act (PLRA) did not obviate the requirement that he pay the district court filing fee. The court noted that under PLRA, pauper status for inmates no longer exists and all prisoners must pay the required filing fees and costs and are not entitled to a waiver. (U.S. District Court, Kentucky)

U.S...