GOINS v. DECARO

Docket Nos. 00-0129, 00-0121.

241 F.3d 260 (2001)

Warren GOINS, Plaintiff-Appellant, v. Joan DECARO, Senior Suffolk County Supreme Court Reporter, Defendant-Appellee. Tyrone Houston, Plaintiff-Appellant, v. Glenn S. Goord, individually and as the Commissioner of the New York State Department of Correctional Services, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided February 26, 2001.


Attorney(s) appearing for the Case

Warren Goins, pro se, Bare Hill Correctional Facility, Malone, N.Y.

Tyrone Houston, pro se, Mid-State Correctional Facility, Marcy, N.Y.

Before VAN GRAAFEILAND, Jon O. NEWMAN, and LEVAL, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

The Prison Litigation Reform Act of 1995 ("PLRA") requires prisoners who cannot afford appellate filing fees to make a partial payment of the fees and obligate themselves to pay the balance in installments. See 28 U.S.C.A. § 1915(b) (West Supp.2000). The pending motions present the issue of whether a prisoner who complies with the PLRA and then withdraws his appeal may obtain a refund of his partial payment and a cancellation...

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