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STATE EX REL. COLEMAN v. SULLIVAN

No. 98-2599.

229 Wis.2d 804 (1999)

601 N.W.2d 335

STATE of Wisconsin EX REL. Sol COLEMAN, Jr., Plaintiff-Appellant, v. Michael SULLIVAN, Secretary, Department of Correction, Judy P. Smith, Warden, OSCI, Cpt. Westfield, Mailroom Supervisor, OSCI, Chuck Witkowski, Mailroom Sergeant, OSCI, Mary Hopfensberger, Mailroom Officer, OSCI, Ruth Smith, Mailroom Officer, OSCI, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 4, 1999.

Attorney(s) appearing for the Case

On behalf of the defendants-respondents, the cause was submitted on the memorandum of James E. Doyle, attorney general, and Charles P. Hoornstra, assistant attorney general.

Before Nettesheim, Anderson and Snyder, JJ.

PER CURIAM.

In this case, we interpret provisions of the Prisoner Litigation Reform Act (PLRA)1 to hold that a prisoner who has sufficient funds in his or her prison trust fund accounts to pay the entire filing fee is not barred from commencing an appeal by the three dismissals rule of § 801.02(7)(d), STATS. We also hold that the prisoner requires a court order to gain access to his or her prison trust fund accounts to pay the filing...

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