Thomas v. Butts’s Empirical Analysis

Citation profile

2 federal appellate · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “This approach — requiring the court to learn before dismissal whether the prisoner is at fault for the nonpayment of the initial fee — is appropriate for several reasons. First, it is consistent with the language of the PLRA, which directs courts to collect the initial partial filing fee only “when funds exist.” Second, this approach recognizes the reality that prisoners have limited control over the processing of their inmate trust-fund withdrawals and rely on the custodial institution to transfer the funds. And third, requiring the district court to learn before dismissal why the fee has not been paid comports with our admonishment that, in the absence of contumacious conduct or a clear record of disobeying court orders, it is an abuse of discretion to dismiss without first firing a warning shot or imposing other lesser sanctions.”

   1 later decision quote this exact passage · from the majority
   e.g. Sandoval v. State of New Mexico