Leon Meyers v. Edward Birdsong

Summary

The Ninth Circuit held that 28 U.S.C. § 1915 does not authorize or require collection of filing fees from a prisoner who is ineligible for in forma pauperis (IFP) status under the "three strikes" rule of § 1915(g). Because a struck-out prisoner cannot file an appeal IFP, the fee-collection mechanism of § 1915(b) does not apply, and any fees collected must be refunded. The court denied the untimely motion to recall the mandate and reinstate the appeal, finding no exceptional circumstances to justify that extraordinary remedy. This case clarifies that revocation of IFP status under § 1915(g) retroactively nullifies the court's authority to collect fees under the PLRA's payment plan.

Holdings

1. The motion is untimely (661 days after mandate) and no exceptional circumstances exist because Meyers does not dispute he has three strikes and did not timely pay the filing fee. The appeal was properly dismissed.
2. Section 1915 does not authorize or require the collection of fees from a prisoner who is ineligible for IFP status under subsection (g). Therefore, the court was without authority to collect the filing fees from Meyers's prison account, and they must be returned.

Questions Presented

1. Whether the motion to recall the mandate and reinstate the appeal should be granted.
2. Whether § 1915 authorizes or requires the collection of fees from a prisoner who is ineligible for IFP status under § 1915(g).

Disposition

other