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116 F.3d 115

Docket No. 96-50818.

Williamson v. Mark

Fifth Circuit Court of Appeals

Decided June 5, 1997.

Fifth Circuit Court of Appeals · decided 1997-06-05

1 counsel of record

Applies 28 U.S.C. § 1915

Relies on Morgan v. Haro

Good law ✅— No negative treatment on recordhow we know

Decided 1997-06-05

How this case has been cited

Cited by 9 later decisions — most recently December 2016

3 federal appellate ·

50199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Jerry R. Williamson, Coleman, FL, pro se.

¶2Before WIENER and PARKER, Circuit Judges, and LITTLE, District Judge.*

¶4ORDER

¶5BY THE COURT:

¶6Plaintiff-Appellant, Jerry R. Williamson, a federal prisoner, filed a motion to proceed in forma pauperis (IFP) in the above captioned appeal. This court, by order of January 21, 1997, instructed Williamson to comply with the Prison Litigation Reform Act of 1995 (PLRA), either by paying our appellate filing fee of $105 or by filing an affidavit and certified statement of his trust fund account. Williamson complied by submitting such an affidavit and statement.

¶7Before an initial partial filing fee was assessed for Williamson and payment of the balance of the filing fee ordered as required by the PLRA, however, we decided Morgan v. Haro.1In that case we held that (1) a prisoner who seeks to proceed IFP on appeal must obtain leave to do so even if he has proceeded IFP in the district court, and (2) the financial screening and assessment procedures of the PLRA regarding appellate filing fees are nevertheless to be conducted by the district court.

¶8IT IS ORDERED, therefore, that this appeal be held in abeyance and that only the preliminary issue of Williamson’s request to proceed IFP in this court be remanded to the district court to permit it to rule on Williamson’s appellate IFP.application and, if granted, to order payment of the proper appellate filing fee pursuant to 28 U.S.C. § 1915(b); this panel retaining jurisdiction of Williamson’s appeal for all other purposes. After such a determination is made by the district court, it shall return the case to this court for further proceedings by this panel.

¶9In the event that (1) further proceedings should eventuate, (2) this panel should ultimately determine that we have jurisdiction over Williamson’s appeal, and (3) we should find merit in the sole matter of substance in that appeal, i.e., Williamson’s contention that the district court’s calculation of the initial district court filing fee payable under the PLRA upon the filing of his original complaint was erroneous, we shall continue to retain appellate jurisdiction but order another limited remand to the district court for the purpose of (1) affording the district court the opportunity to re-assess the correct district court filing fees due from Williamson under the PLRA, and (2) allowing Williamson to *116continue prosecuting his complaint, assuming that he is still inclined to do so and that he timely remits the appropriate new district court filing fee assessment.

¶10IT IS FURTHER ORDERED that if Williamson thus proceeds in district court but is ultimately dissatisfied with the final ruling or rulings of that court and desires to prosecute his appeal therefrom in this court, he will be permitted to do so upon his timely filing a new notice of appeal under the same appellate docket number as this one and without being required to remit a second appellate filing fee.

¶11REMANDED with instructions, and with appellate jurisdiction retained by this panel.

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