GARCIA

v.

BETO, CORRECTIONS DIRECTOR

Citator

Cited By (13 total)

• Franklin v. Ms. Murphy and Hoyt Cupp, 745 F.2d 1221 (9th Cir. 1984)
  …order limiting Franklin to six in IFP filings per year. After six filings, Franklin must pay the applicable filing fees. We review this order under the abuse of discretion standard. See Weller v. Dickson, 314 F. 2d 598, 600 (9th Cir.), cert. denied, 375 U.S. 845, 84 S.Ct. 97, 11 L.Ed.2d 72 (1963). The district court’s order is an extraordinary sanction. Franklin’s filings have been equally as extraordinary.13 A large portion of his filings have been undeniably frivolous, such as claims that his civil right…
• Almond v. Kent, 459 F.2d 200 (4th Cir. 1972)
  …endering prisoners civiliter mortuus cannot affect their capacity to maintain a suit under § 1983 despite Rule 17(b). McCollum v. Mayfield, 130 F.Supp. 112 (N.D.Cal.1955), aff’d. sub nom. Weller v. Dickerson, 314 F. 2d 598 (9 Cir. 1963), cert. den., 375 U.S. 845, 84 S.Ct. 97, 11 L.Ed.2d 72 (1963); Beyer v. Werner, 299 F.Supp. 967 (E.D.N.Y.1969); Siegel v. Ragen, 88 F.Supp. 996 (N.D.Ill.1949), aff’d., 180 F. 2d 785 (7 Cir. 1950), cert. den., 339 U.S. 990, 70 S.Ct. 1015, 94 L.Ed. 1391 (1950), rehearing den.,…
• Elmo Williams v. Field, 394 F.2d 329 (9th Cir. 1968)
  …ok, in a separate concurring opinion, the enunciation of a rule to be applied only “when the action is a civil suit by a state prisoner against his jailers * * Weller v. Dickson, 314 F. 2d 598, 604 (9th Cir.) (Duniway, J., concurring), cert. denied, 375 U.S. 845, 84 S.Ct. 97, 11 L.Ed.2d 72 (1963). Under the rule which Judge Duniway would have adopted, “the district court should have, and has, a broad discretion, and can deny leave to proceed in forma pauperis even though the complaint does state a claim for…