DeBlasio v. Gilmore.

• Position: Filing fees - Brief Article

U.S. Appeals Court

CLAIMS

PLRA -- Prison Litigation Reform Act

DeBlasio v. Gilmore, 313 F.3d 396 (4th Cir. 2003). A prisoner brought an in forma pauperis [section] 1983 action challenging a state's refusal to pay for his certified or registered "legal" mail. After the prisoner was released, the district court dismissed the action for failure to pay required filing fees. The former prisoner appealed; the appeals court vacated and remanded. The appeals court held that the former prisoner was not required to pay the remaining balance of his filing fee under the provisions of the Prison Litigation Reform Act (PLRA), since the prisoner had been released. The...