PENAL INSTITUTIONS Prison Litigation Reform: Provide that a Prisoner Filing a Writ of Habeas Corpus Pay Fees from the Prisoner's Account; Prohibit In Forma Pauperis Filing by Prisoners Who Have Repeatedly Filed Frivolous or Malicious Claims

Authors

Roger S. Williams

Document Type

Peach Sheet

Abstract

The Act requires prisoners to pay costs and fees associated with the filing of a petition for writ of habeas corpus from their inmate accounts. The clerk of the court shall notify the superintendent of the institution in which the prisoner is incarcerated that a petition of habeas corpus has been filed. The inmate's account will then be frozen until all court costs and fees have been satisfied. The Act further prohibits prisoners, who have on three or more occasions filed malicious or frivolous actions, from filing an action in forma pauperis in any court of the state unless the prisoner is under imminent danger of serious physical injury.

Recommended Citation

Roger S. Williams, PENAL INSTITUTIONS Prison Litigation Reform: Provide that a Prisoner Filing a Writ of Habeas Corpus Pay Fees from the Prisoner's Account; Prohibit In Forma Pauperis Filing by Prisoners Who Have Repeatedly Filed Frivolous or Malicious Claims, 16 Ga. St. U. L. Rev. (1999).
Available at: https://readingroom.law.gsu.edu/gsulr/vol16/iss1/22