Richard Lay v. John Anderson, 837 F.2d 231 (5th Cir. 1988). · Go Syfert
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Richard Lay v. John Anderson, 837 F.2d 231 (5th Cir. 1988). Cases Citing This Book View Copy Cite
54 citation events (4 in the last 25 years) across 15 distinct courts.
Strongest positive: Richard Feliciano v. Donald Selsky, Director of S.H.U., and Catherine Wronski, Hearing Officer (ca2, 2000-02-24) · Strongest negative: Murphy v. Jones (moed, 1992-09-15)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited "but see" Murphy v. Jones
E.D. Mo. · 1992 · signal: but cf. · confidence high
But cf. Lay v. Anderson, 837 F.2d at 232 ($105 court of appeals fees taxed against indigent plaintiff); Flint v. Haynes, 651 F.2d at 972 n. 3-4 (costs for filing the complaint and marshal's service of process taxed against indigent plaintiff).
discussed Cited as authority (rule) Richard Feliciano v. Donald Selsky, Director of S.H.U., and Catherine Wronski, Hearing Officer
2d Cir. · 2000 · confidence medium
In support of the foregoing proposition, we cited McGill v. Faulkner, 18 F.3d 456, 460 (7th Cir.1994)(trial court has discretion to award costs despite present indigence of prisoner proceeding in forma pauperis); Weaver v. Toombs, 948 F.2d 1004, 1014 (6th Cir.1991) (court of appeals has “authority to assess reasonable costs ... against unsuccessful in for-ma pauperis plaintiffs even if their claims are not deemed frivolous, malicious or vexatious.”); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988) (per curiam) (statutory provisions allowing litigious indigent prisoner to proceed witho…
discussed Cited as authority (rule) Mary Maida v. John J. Callahan, Acting Commissioner of Social Security
2d Cir. · 1998 · confidence medium
Toombs, 948 F.2d 1004, 1014 (6th Cir.1991); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988) (per curiam); Harris v. Forsyth, 742 F.2d 1277, 1278 (11th Cir.1984); 28 U.S.C. § 1915 (b) (requiring prisoners to pay the full amount of the filing fee).
discussed Cited as authority (rule) Willie B. Hadley, Jr. v. Howard A. Peters, III
7th Cir. · 1995 · confidence medium
See, e.g., Gabel v. Lynaugh, 835 F.2d 124, 125 (5th Cir.1988); Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988); Sales v. Marshall, 873 F.2d 115, 120 (6th Cir.1989). 74 Federal litigation is not intended to be used as a "fishing expedition," nor as recreation by bored inmates.
discussed Cited as authority (rule) Lee Edward Warren v. Douglas Guelker
9th Cir. · 1994 · confidence medium
Such costs have been taxed upon a finding that the indigent’s action was frivolous or malicious, while other IFP plaintiffs have been held liable for costs even if litigation was undertaken in good faith.” Papas v. Hanlon, 849 F.2d 702, 703-04 (1st Cir.1988); see also Flint v. Haynes, 651 F.2d 970, 974 (4th Cir.1981), ce rt. denied, 454 U.S. 1151 , 102 S.Ct. 1018 , 71 L.Ed.2d 306 (1982) (despite inmates’ contention that costs should be awarded only in exceptional cases where claim is frivolous or otherwise improper, trial court properly assessed costs against three inmates who, after bei…
cited Cited as authority (rule) Hadley v. Peters
C.D. Ill. · 1994 · confidence medium
See, e.g., Gabel v. Lynaugh, 835 F.2d 124, 125 (5th Cir.1988); Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988); Sales v. Marshall, 873 F.2d 115, 120 (6th Cir.1989).
discussed Cited as authority (rule) Olson v. Coleman (2×) also: Cited "see, e.g."
unknown court · 1993 · confidence medium
Weaver v. Toombs, 948 F.2d 1004, 1008 (6th Cir.1991); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988); Harris v. Forsyth, 742 F.2d 1277, 1278 (11th Cir.1984); Flint v. Haynes, 651 F.2d 970, 972-73 (4th Cir.1981), cert. denied, 454 U.S. 1151 , 102 S.Ct. 1018 , 71 L.Ed.2d 306 (1982). 7 In Duhart we held that a court could tax costs if satisfied that the action was malicious or frivolous. 469 F.2d at 478 .
discussed Cited as authority (rule) Olson v. Coleman (2×) also: Cited "see, e.g."
unknown court · 1993 · confidence medium
Weaver v. Toombs, 948 F.2d 1004, 1008 (6th Cir.1991); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988); Harris v. Forsyth, 742 F.2d 1277, 1278 (11th Cir.1984); Flint v. Haynes, 651 F.2d 970, 972-73 (4th Cir.1981), cert. denied, 454 U.S. 1151 , 102 S.Ct. 1018 , 71 L.Ed.2d 306 (1982).
discussed Cited as authority (rule) Charles Edward Roche, Jr. v. Charles F. Adkins
7th Cir. · 1993 · confidence medium
Co., 831 F.2d 804, 805-06 (11th Cir.1984) (per curiam); (3) to pay a defendant's costs of litigation pursuant 28 U.S.C. § 1915 (e), Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988) (per curiam); Flint v. Haynes, 651 F.2d 970, 972-74 (4th Cir.1981), cert. denied, 454 U.S. 1151 (1982); and (4) to pay damages for delay caused by an appeal pursuant to 28 U.S.C. § 1912 , Carter v. United States, 733 F.2d 735, 737 (10th Cir.1984), cert. denied, 469 U.S. 1161 (1985).
cited Cited as authority (rule) William Hamilton Gartrell v. R.S. Gaylor
5th Cir. · 1993 · confidence medium
Id.; see also Martin v. Catalanotto, 895 F.2d 1040, 1042 (5th Cir.1990); Lay v. Anderson, 837 F.2d 231, 233 (5th Cir.1988).
cited Cited as authority (rule) Gartrell v. Gaylor
5th Cir. · 1993 · confidence medium
Id.; see also Martin v. Catalanotto, 895 F.2d 1040, 1042 (5th Cir.1990); Lay v. Anderson, 837 F.2d 231, 233 (5th Cir.1988).
cited Cited as authority (rule) Williams v. Marshall
N.D. Cal. · 1992 · confidence medium
Sales v. Marshall, 873 F.2d 115, 120 (6th Cir.1989); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988); Flint v. Haynes, 651 F.2d 970, 972-73 (4th Cir.1981).
discussed Cited as authority (rule) Ronald Weaver Leo McKaye Morris Martin v. Raymond Toombs Robert Brown, Jr. Donald Mason Robert Mulvaney Ted Strassburg (2×)
6th Cir. · 1991 · confidence medium
See Flint v. Haynes, 651 F.2d 970, 972-73 (4th Cir.1981), cert. denied, 454 U.S. 1151 , 102 S.Ct. 1018 , 71 L.Ed.2d 306 (1982); Harris v. Forsyth, 742 F.2d 1277, 1278 (11th Cir.1984); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988).
cited Cited as authority (rule) Colette A. Washington v. Dennis Patlis, Colette A. Washington v. Herbert Patlis and Dennis Patlis, D/B/A Pico's Restaurant
5th Cir. · 1990 · confidence medium
Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988) (per curiam).
discussed Cited as authority (rule) Herbert Glenn Martin v. Michael Catalanotto, Eric Leon Williams v. Daryl Horton
5th Cir. · 1990 · confidence medium
Although we have held that the dismissal of a Louisiana prisoner’s § 1983 suit for failure to exhaust the Louisiana prison grievance procedure is within the discretion of the district court, Lay v. Anderson, 837 F.2d 231, 233 (5th Cir.1988); Rocky v. Vittorie, 813 F.2d 734, 736 (5th Cir.1987), we have not addressed the propriety of dismissal for failure to exhaust in a case in which the prisoner seeks damages for personal injury.
discussed Cited as authority (rule) James v. Quinlan (2×)
3rd Cir. · 1989 · confidence medium
See Freeze v. Griffith, 849 F.2d 172, 176 (5th Cir.1988) (per curiam); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988) (per curiam); Galvan v. Cameron Mut.
discussed Cited as authority (rule) James v. Quinlan (2×)
3rd Cir. · 1989 · confidence medium
See Freeze v. Griffith, 849 F.2d 172, 176 (5th Cir.1988) (per curiam); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988) (per curiam); Galvan v. Cameron Mut.
discussed Cited as authority (rule) Summers v. Salt Lake County (2×) also: Cited "see"
D. Utah · 1989 · confidence medium
Plaintiff Summers is directed to pay the Clerk of this court all costs associated with the filing of this action. 8 This taxing of costs against plaintiff reflects the fact that plaintiff is “no stranger to the federal courts.” Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988).
discussed Cited as authority (rule) Sales v. Marshall
6th Cir. · 1989 · confidence medium
See Flint v. Haynes, 651 F.2d 970, 972-73 (4th Cir.1981), ce rt. denied, 454 U.S. 1151 , 102 S.Ct. 1018 , 71 L.Ed.2d 306 (1982); Harris v. Forsyth, 742 F.2d 1277, 1278 (11th Cir.1984); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988).
discussed Cited as authority (rule) Arkamel Ray Sales v. R.C. Marshall, Warden, John Horn, Nursing Supt., Nancy Shaw, Nurse, Roger MacAlister Nurse, William Hunter v. Huey Blair, State of Ohio/socf, Intervenor-Appellant
6th Cir. · 1989 · confidence medium
See Flint v. Haynes, 651 F.2d 970, 972-73 (4th Cir.1981), cert. denied, 454 U.S. 1151 , 102 S.Ct. 1018 , 71 L.Ed.2d 306 (1982); Harris v. Forsyth, 742 F.2d 1277, 1278 (11th Cir.1984); Lay v. Anderson, 837 F.2d 231, 232-33 (5th Cir.1988).
discussed Cited as authority (rule) Coghlan v. Starkey
5th Cir. · 1988 · confidence medium
“That the district court did not find appellant’s charges so redundant and frivolous as to warrant sanctions does not preclude a contrary decision on appeal.” Freeze v. Griffith, 849 F.2d 172, 176 , (5th Cir.1988) (sanctions against pro se prisoner pursuant to 28 U.S.C. § 1915 (e)) (citing Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988)).
cited Cited as authority (rule) Coghlan v. Starkey
5th Cir. · 1988 · confidence medium
Sec. 1915 (e)) (citing Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988)).
cited Cited as authority (rule) Paul N. Papas v. Margaret Hanlon
1st Cir. · 1988 · confidence medium
Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988); Flint v. Haynes, 651 F.2d 970, 973 (4th Cir.1981), Harris v. Forsyth, 742 F.2d 1277, 1278 (11th Cir.1984).
discussed Cited "see" In re Andrei V Medvedev
W.D. Wash. · 2024 · signal: see · confidence high
See, 16 e.g., Lay v. Anderson, 837 F.2d 231 , 232–33 (5th Cir. 1988) (ordering a pro se prisoner proceeding 17 in forma pauperis to pay court costs as a sanction for filing a frivolous appeal, and finding that 18 “costs are payable from his prison account or any other source of assets or income he may have”). 19 By contrast, Medvedev relies only on the in forma pauperis statute as support for his 20 position (Dkt.
cited Cited "see" Jennings v. Towers Watson
5th Cir. · 2021 · signal: see · confidence high
See Lay v. Anderson, 837 F.2d 231, 232 (5th Cir. 1988).
discussed Cited "see" Everett E. Osborne v. Chase Riveland
9th Cir. · 1993 · signal: see · confidence high
Sec. 1915 (e); see Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988) (adopting the approach of the 4th and 11th Circuits and holding that the court's discretionary power to tax costs is not limited to frivolous lawsuits); Flint v. Haynes, 651 F.2d 970, 973-74 (4th Cir.1981) (finding no reason to treat indigents differently from non-indigents, who are routinely forced to decide whether their claim is worth the risk), cert. denied, 454 U.S. 1151 (1982). 4 Because the award of costs is not limited to frivolous actions, see National Organization for Women v. Bank of California, Nat'l Ass'n, 680 F.…
cited Cited "see, e.g." Douglas Warren Freeze, Jr. v. George Griffith, Douglas Warren Freeze, Jr. v. Stanley Labove, Douglas Warren Freeze, Jr. v. James R. Savoie
5th Cir. · 1988 · signal: see, e.g. · confidence medium
See, e.g., Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988).
Retrieving the full opinion text from the archive…
Richard LAY, Plaintiff-Appellant,
v.
John ANDERSON, Et Al., Defendants-Appellees
87-3778.
Court of Appeals for the Fifth Circuit.
Feb 12, 1988.
837 F.2d 231
Richard Lay, pro se., Houston T. Penn, J. Marvin Montgomery, S. Dwayne Broussard, Asst. Attys. Gen., Baton Rouge, La., for defendants-ap-pellees.
Gee, Garwood, Jones.
Cited by 34 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 78%
Citer courts: D. New Mexico (1)
PER CURIAM:

Appellant Lay, an inmate at Louisiana State Prison in Angola, is no stranger to the federal courts. Acting pro se, he has filed at least a half dozen petitions for habeas corpus relief and several prisoner civil rights cases. In this case, as the magistrate aptly noted, “the activity ... has been lengthy and circuitous, although it should have been quite brief.” We affirm the district court’s grant of summary judgment for appellees. We also tax costs of this appeal against Lay, pursuant to 28 U.S.C. § 1915(e). The costs are payable from his prison account or any other source of assets or income he may have. The costs will include at least the $105 court of appeals fees. See F.R.A.P. 39 and Local Fifth Cir. Rule 39. Finally, we hold as further sanction that Lay may file no further appeal in forma pauperis in this court, unless the district court has certified such appeal is in good faith or Lay has paid the costs taxed in this appeal.

That the merits of this appeal are frivolous fortifies, but is not a necessary condition to, our taxing of appellate costs against this in forma pauperis litigant. 28 U.S.C. § 1915(a) and (e) provide:

(a) Any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees and costs....
******
(e) Judgment may be rendered for costs at the conclusion of the suit or action as in other cases....

Both the Fourth and Eleventh Circuits have held that the court’s discretionary power to tax costs is, by the explicit language of § 1915(e), not limited to frivolous lawsuits. Flint v. Haynes, 651 F.2d 970, 973 (4th Cir.1981), cert. denied, 454 U.S. 1151, 102 S.Ct. 1018, 71 L.Ed.2d 306 (1982); Harris v. Forsyth, 742 F.2d 1277, 1278 (11th Cir.1984). Their reasons for doing so seem unimpeachable:

The use of the word “prepayment” in subsection (a) indicates that Congress did not intend to waive forever the payment of costs, but rather it intended to allow qualified litigants to proceed without having to advance the fees and costs associated with litigation. By permitting the court to enter judgment for costs “as in other cases,” subsection (e) evinces a congressional intent that litigants may eventually be liable for costs.
******
[W]hen costs are assessed only in extreme or exceptional cases, those persons granted leave to proceed in forma pau-peris have virtually “nothing to lose and everything to gain,” and the purpose of § 1915 — equal access for the poor and the rich — is distorted. Non-indigents who contemplate litigation are routinely forced to decide whether their claim is “worth it.” We see no reason to treat indigents differently in this respect.

Flint, 651 F.2d at 972, 973 (footnotes omitted); see also Harris, 742 F.2d at 1278 (quoting Flint). Compare Duhart v. Carlson, 469 F.2d 471, 478 (10th Cir.1972), cert. denied, 410 U.S. 958, 93 S.Ct. 1431, 35 L.Ed.2d 692 (1973) (holding costs may be taxed after court determines indigent’s claim is frivolous and malicious.)

This court, like the district courts in our circuit, has recently witnessed a significant increase in the number of pro se, usually prisoner, civil rights actions. See Gabel v. Lynaugh, No. 87-2353, slip op. at 1236 n. 1 (5th Cir.1988). The large majority of these cases are without even arguable legal footing. The judicial time and resources they command are astonishingly large and divert considerable attention from other matters on our dockets. Moreover, there is a serious threat that legitimate pro se petitions will drown in the cacophony of the groundless ones. Taxing costs against an unsuccessful in forma pauperis litigant at[*233] the conclusion of his appeal is one way to defray the judicial and social burden imposed by these lawsuits. Moreover, especially if the district court dismissed the complaint for frivolousness under 28 U.S.C. § 1915(d), sanctions may additionally be warranted. The appellant in such a case would have received warning, by the district court’s dismissal, that he is imposing on the judicial process.

Lay’s action was disposed of on summary judgment because he failed to exhaust the prison grievance procedure authorized in Louisiana by 42 U.S.C. § 1997e. He filed a complaint with prison authorities too vague to comprehend, followed immediately by a § 1983 lawsuit stating his true complaint. Despite the district court’s order that he exhaust the prison remedies, on pain of dismissal with prejudice, he failed to do so. The district court refused to allow Lay thus to circumvent the salutary prison grievance mechanism with his procedural games-playing. We agree with the district court’s actions. In Rocky v. Vittorie, 813 F.2d 734 (5th Cir.1987), we held that a court may dismiss a prisoner’s civil rights case, after granting a continuance, if he has failed during that interim to pursue a § 1997e prison grievance proceeding. The district court found here that Lay simply did not follow through with his prison grievance.

Moreover, during the course of this litigation, Lay besieged the federal court with pleadings. The docket sheet reflects almost constant activity over a 15-month period, including two previous abortive interlocutory appeals to this Court. As a consequence of Lay’s other cases, this Court has dealt with at least three additional appeals, none of which was successful. We have expressly warned Lay that his litigiousness must be controlled. It is no answer to this problem to assert that Lay, untutored in law, must be given the benefit of the doubt on his errors. The volume of his litigation and evident sophistication of his arguments and procedural knowledge belie such a defense. We firmly believe that an award of additional sanctions is necessary to force Lay to conform to acceptable standards in approaching this court. Consequently, we now additionally hold that before Lay may prosecute any further appeal in forma pau-peris, unless the district court has expressly certified that his appeal is being taken in good faith, he must first pay the costs taxed against him in the instant case.

The judgment of the district court, as modified, is AFFIRMED. Costs to be taxed against appellant. [1]

1

. As funds accumulate in appellant’s prison account (prisoner #110315) or he receives any other source of assets or income, the appropriate prison officials are ORDERED to withdraw such amount from such prison account or other source and forward it to the Clerk of the Court with the appropriate case number noted within thirty days of the date such amount comes within appellant’s possession. The Clerk will pro- • vide a true copy of the ORDER to the parties and to the Director of Inmate Prison Accounts, Louisiana State Penitentiary, Angola, Louisiana 70712.