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IN RE EPPS

Docket No. 88-3039.

888 F.2d 964 (1989)

In re Lawrence EPPS, Petitioner.

United States Court of Appeals, Second Circuit.

Decided November 1, 1989.

Attorney(s) appearing for the Case

Jonathan L. Greenblatt, James P. Tallon, Elaine M. Russo, Shearman & Sterling, New York City, submitted a brief for petitioner.

Robert Abrams, Atty. Gen., Peter R. Schiff, Deputy Sol. Gen., Nancy A. Spiegel, Daniel Smirlock, Asst. Attys. Gen., Albany, N.Y., submitted a brief for respondents Coughlin and Mann.

Before OAKES, Chief Judge, NEWMAN and CARDAMONE, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

Since 1892 Congress has permitted indigent persons to bring lawsuits in federal courts without prepayment of filing fees. Act of July 20, 1892, ch. 209, 27 Stat. 252 (codified, as amended, at 28 U.S.C. § 1915 (1982)). Recently, many district courts, concerned that this privilege has been abused by prisoners, have adopted rules requiring them to pay partial filing fees, calculated in accordance with various formulas. See T...

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