The United States Congress, through the Prison Litigation Reform Act of 1995,
(Federal PLRA) Pub. L. No. 104-134, 110 Stat 1321, signed into law by President Clinton on April 26, 1996, amended 28 U.S.C. §1915 governing
in forma pauperis
status for prisoner litigation raising federal claims. 28 U.S.C. §1915(b)(4) states that [i]n no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee. To that end, 28 U.S.C. §1915 provides a process for indigent prisoners to pay filing fees in installments. However,
28 U.S.C. §1915(g)
states:
[I]n no event shall a prisoner bring a civil action or appeal a judgment in a civil action or proceeding under this section if the prisoner has, on 3 or more prior occasions, while incarcerated or detained in any facility, brought an action or appeal in a court of the United States that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury.
Finally, absent a showing of imminent danger of serious bodily injury, an inmate litigant loses the privilege of
in forma pauperis
status, and must pay the complete filing fee or face dismissal of the action or appeal.
