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DEBLASIO v. GILMORE

No. 01-7025.

315 F.3d 396 (2003)

Keith William DeBLASIO, Plaintiff-Appellant, and Kevin A. Eggleston, Plaintiff, v. James S. GILMORE, III, Governor; Mark L. Earley, Attorney General; David B. Beach, Clerk of the Supreme Court of Virginia; Ron Angelone, Director, Virginia Department of Corrections; W.P. Rogers, Regional Director, Virginia Department of Corrections; C.D. Larsen, Warden, Lunenburg Correctional Center; Gary Graham, Operations Officer, Lunenburg Correctional Center; Kathleen Hawk, Director, Federal Bureau of Prisons, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 7, 2003.

Attorney(s) appearing for the Case

ARGUED: Neal Lawrence Walters, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Pamela Anne Sargent, Senior Assistant Attorney General, Criminal Law Division, Office of the Attorney General, Richmond, Virginia, for Appellees.

ON BRIEF: Kendal A. Sibley, Third Year Law Student, University of Virginia School of Law Appellate Litigation Clinic, Charlottesville, Virginia, for Appellant. Jerry W. Kilgore, Attorney General, Criminal Law Division, Office of the Attorney General, Richmond, Virginia, for Appellees.

Before NIEMEYER, Circuit Judge, GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation, and DAVIS, United States District Judge for the District of Maryland, sitting by designation.

Vacated and remanded by published opinion. Judge GOODWIN wrote the opinion, in which Judge NIEMEYER and Judge DAVIS joined.

OPINION

GOODWIN, District Judge.

The question before the court is whether, pursuant to the Prison Litigation Reform Act of 1995 (PLRA), Pub.L. No. 104-134, §§ 801-10, 110 Stat. 1321 (1996), an indigent plaintiff who files an action while in prison must pay the entire filing fee upon release in order to continue his...

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