Walp v. Scott (115 F.3d 308, 1997)

BENAVIDES, Circuit Judge:

This case involves an appeal from the district court’s denial of in forma pauperis (“IFP”) status and the subsequent dismissal of a prisoner’s claim brought pursuant to 42 U.S.C. § 1983. The district court interpreted the recently enacted Prisoner Litigation Reform Act of 1996 (“PLRA” or “the Act”) to bar the filing of a second civil rights complaint because the appellant had not fully paid the costs associated with filing a previous claim. Because the district court’s decision was not authorized by the language of the PLRA and was inconsistent with the statutory scheme, we vacate the judgment of the district court.

I. Background

On May 28, 1996, Gary Reed Walp filed a complaint in federal district court under 42 U.S.C. § 1983 alleging that several of the prison guards where he is confined violated his constitutional rights. In addition, Walp filed a motion to proceed IFP and documents regarding his financial status necessary to comply with the PLRA. See 28 U.S.C. § 1915(a). Walp was assessed an initial filing fee of 14