Alexander v. Carson Adult High School - United States Court of Appeals for the Ninth Circuit

Alexander v. Carson Adult High School

By United States Court of Appeals for the Ninth Circuit

  • Release Date - Published: 1993-08-05
  • Book Genre: Law
  • Author: United States Court of Appeals for the Ninth Circuit
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Alexander v. Carson Adult High School United States Court of Appeals for the Ninth Circuit read online review & book description:

SKOPIL, Circuit Judge: Khalid Alexander appeals the district court's dismissal of his action for failure to pay a five dollar partial filing fee.
We review the district court's decision to impose a partial fee pursuant to the in forma pauperis statute, 28 U.S.C. §
1915, for an abuse of discretion. See O'Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990). Although "district courts enjoy
wide discretion in deciding whether a partial fee is fair and appropriate in a particular case," Johnson v. Kemp, 781 F.2d
1570, 1571 (11th Cir. 1986) (finding abuse of discretion), that discretion is not unbridled. In re Epps, 888 F.2d 964, 967
(2d Cir. 1989) (no discretion to deprive litigants of their last dollar); In re Williamson, 786 F.2d 1336, 1340 (8th Cir.
1986); Green v. Estelle, 649 F.2d 298, 302 (5th Cir. 1981).

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