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LEONARD v. LACY

Docket No. 96-2393.

88 F.3d 181 (1996)

Leslie Thomas LEONARD, Plaintiff-Appellant, v. Peter J. LACY, Superintendent, Bare Hill Facility, and Myaddow, Correctional Officer, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 10, 1996.

Attorney(s) appearing for the Case

Leslie Thomas Leonard, pro se, Malone, N.Y.

Before: NEWMAN, Chief Judge, KEARSE and WINTER, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This motion by a state prisoner for leave to appeal in forma pauperis obliges this Court to consider the application of the fee requirements of the Prison Litigation Reform Act of 1995 ("PLRA"). We conclude that an appellate court must take steps to assure compliance with the fee requirements of the PLRA before making any assessment of whether an appeal should be dismissed as frivolous, pursuant to 28 U.S.C. § 1915(e)(2)(B)...

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