Vanderberg v. Donaldson, 259 F.3d 1321 (11th Cir. 2001). · Go Syfert
Vanderberg v. Donaldson, 259 F.3d 1321 (11th Cir. 2001). Cases Citing This Book View Copy Cite
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cited 6× by 6 distinct cases, 2009–2025 · 3 courts · …liberal construction does not mean liberal deadlines. at p. 1326
cited 5× by 5 distinct cases, 2023–2026→ Stable · …must pay the full filing fee at the time he initiates suit. at p. 1324
222 citation events (222 in the last 25 years) across 22 distinct courts.
Strongest positive: Waseem Daker v. Rebecca Keaton (ca11, 2019-10-02) · Strongest negative: Sperry (ID 47031) v. Corizon Health, Inc. (ksd, 2020-06-22)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited "but see" Sperry (ID 47031) v. Corizon Health, Inc.
D. Kan. · 2020 · signal: but see · confidence high
But see Vanderberg v. Donaldson, 259 F.3d 1321 , 1325 n.4 (11th Cir. 2001) (assuming without deciding that the prison mailbox rule applies to motions to amend).
discussed Cited as authority (verbatim quote) Waseem Daker v. Rebecca Keaton
11th Cir. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
after the third meritless suit, the prisoner must pay the full filing fee at the time he initiates suit.
discussed Cited as authority (verbatim quote) Waseem Daker v. Patrick H. Head
11th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
after the third meritless suit, the prisoner must pay the filing fee at the time he initiates suit.
discussed Cited as authority (verbatim quote) Joseph Dingler v. State of Georgia
11th Cir. · 2018 · quote attribution · 1 verbatim quote · confidence high
section 1915(e)(2)(b)(ii) . . . does not violate the equal protection clause . . . . and sua sponte dismissal did not deny plaintiff due process.
cited Cited as authority (rule) MARCO THONY CADEJUSTE v. CLEMMONS
N.D. Fla. · 2026 · confidence medium
Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Marco Thony Cadejuste v. J. Dean, et al.
N.D. Fla. · 2026 · confidence medium
Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (noting that a “prisoner must pay the full filing fee at the time he initiates suit”) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
discussed Cited as authority (rule) Alfredo Bless v. Warden, Fransico Acosta, et al.
S.D. Fla. · 2025 · confidence medium
After the third meritless suit, the prisoner must pay the full filing fee at the time he initiates suit.” Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
discussed Cited as authority (rule) LESSOR v. MANAGEMENT AND TRAINING CORPORATION
N.D. Fla. · 2025 · confidence medium
Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (an action must be dismissed without prejudice when an inmate who is subject to § 1915(g) does not pay the filing fee at the time the inmate initiates suit); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Pickett v. Jones
S.D. Ala. · 2025 · confidence medium
In particular, Section 1915 only allows a prisoner to file three meritless suits in federal courts, after which he “must pay the full filing fee at the time he initiates suit.” Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Ci. 2001).
cited Cited as authority (rule) FOWLER v. United States
N.D. Fla. · 2025 · confidence medium
Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (per curiam); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
cited Cited as authority (rule) Fisher v. King
N.D. Ala. · 2025 · confidence medium
Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Tarabein v. Scott
S.D. Ala. · 2025 · confidence medium
Vanderberg v. Donaldson, 259 F.3d 1321, 1323 (11th Cir. 2001). (“But sec)on 1915(e)(2)(B)(ii) only addresses procedures to be followed by the district court once an inmate's claim is presented before the court.
discussed Cited as authority (rule) Hernandez v. Pouncey
N.D. Ala. · 2025 · confidence medium
Furthermore, “[d]ue process does not always require notice and the opportunity to be heard before dismissal.” See Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (finding no due process violation where “the district court reviewed the magistrate judge’s report and recommendation de novo” and plaintiff “was given an opportunity to object to the magistrate judge’s report before the district court entered its final order”).
discussed Cited as authority (rule) James River Insurance Company v. R.I.C., Inc.
S.D. Fla. · 2025 · confidence medium
Dist., 237 F. App’x 423, 425 (11th Cir. 2007) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1326 (11th Cir. 2001)) (internal quotations omitted). opportunity to refute the declarations of Gary Korner before the Court entered judgment in [Plaintiff]’s favor,” ECF No. [160] at 3, but, as noted previously, that claim is belied by the fact that Defendant filed her response in opposition to Plaintiff’s motion for summary judgment over a month after Plaintiff filed the Korner affidavit.
cited Cited as authority (rule) Parke v. Delta Air Lines Inc.
M.D. Fla. · 2025 · confidence medium
Moreover, “[l]iberal construction does not mean liberal deadlines.” Vanderberg v. Donaldson, 259 F.3d 1321, 1326 (11th Cir. 2001) (quotation omitted).
discussed Cited as authority (rule) SHORT v. MCCORMICK
N.D. Fla. · 2025 · confidence medium
See Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (holding that “the proper procedure is for the district court to dismiss the complaint without prejudice when it denies the prisoner leave to proceed in forma pauperis pursuant to the provisions of § 1915(g)” because the prisoner “must pay the filing fee at the time he initiates the suit”); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (stating that after three meritless suits, a prisoner must pay the full filing fee at the time he initiates suit).
discussed Cited as authority (rule) COLE v. DIXON
N.D. Fla. · 2024 · confidence medium
See Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (holding that “the proper procedure is for the district court to dismiss the complaint without prejudice when it denies the prisoner leave to proceed in forma pauperis pursuant to the provisions of § 1915(g)” because the prisoner “must pay the filing fee at the time he initiates the suit”) (emphasis omitted); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (stating that after three meritless suits, a prisoner must pay the full filing fee at the time he initiates suit).
discussed Cited as authority (rule) Joseph Williams v. Warden GDCP (2×) also: Cited "see"
11th Cir. · 2024 · confidence medium
The summary dismissal rule, like the USCA11 Case: 22-10249 Document: 46-1 Date Filed: 10/08/2024 Page: 30 of 38 8 LUCK, J., Dissenting 22-10249 habeas rule, “allows a district court to sua sponte dismiss a claim of . . . a plaintiff proceeding in forma pauperis for failure to state a claim before service of process.” Vanderberg v. Donaldson, 259 F.3d 1321, 1323 (11th Cir. 2001) (emphasis removed).
discussed Cited as authority (rule) Foster v. United States Federal Government
N.D. Ala. · 2024 · confidence medium
But, Foster has no right to a hearing prior to the dismissal of his complaint as “[d]ue process does not always require notice and the opportunity to be heard before dismissal.” See Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (finding no due process violation where “the district court reviewed the magistrate judge’s report and recommendation de novo” and plaintiff “was given an opportunity to object to the magistrate judge’s report before the district court entered its final order”).
discussed Cited as authority (rule) WRIGHT v. BROWN
N.D. Fla. · 2024 · confidence medium
See Page 2 of 6 Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (an action must be dismissed without prejudice when an inmate who is subject to § 1915(g) does not pay the filing fee at the time he initiates suit); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Darling v. Zavaleta (2×) also: Cited "see, e.g."
S.D. Fla. · 2024 · confidence medium
App’x 920, 921-22 (11th Cir. 2013) (citing Albra v. Advan, Inc., 490 F.3d 826, 829 (11th Cir.2007); Vanderberg v. Donaldson, 259 F.3d 1321, 1326 (11th Cir. 2001) (“Liberal construction does not mean liberal deadlines.” (quotation omitted))).
discussed Cited as authority (rule) McQueen v. Department of Corrections
S.D. Ala. · 2024 · confidence medium
In particular, Section 1915 only allows a prisoner to file three meritless suits in federal courts, after which he “must pay the full filing fee at the time he initiates suit.” Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 1 This case is before the undersigned Magistrate Judge for appropriate action pursuant to 28 U.S.C. § 636 (b)(1) and S.D.
cited Cited as authority (rule) Bowman v. Hunter
M.D. Fla. · 2024 · confidence medium
Fla. June 26, 2012) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1326 (11th Cir. 2001)).
discussed Cited as authority (rule) Williams v. Blackwood
S.D. Ala. · 2024 · confidence medium
In particular, Section 1915 only allows a prisoner to file three meritless suits in federal courts, after which he “must pay the full filing fee at the time he initiates suit.” Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Owens, Kevin v. Florida Department of Corrections
S.D. Fla. · 2024 · confidence medium
After the third meritless suit, the prisoner must pay the full filing fee at the time he initiates suit.” Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
cited Cited as authority (rule) McPherson v. Benedict
S.D. Ga. · 2024 · confidence medium
Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
cited Cited as authority (rule) ALSTON v. COASTAL STATE PRISON
S.D. Ga. · 2024 · confidence medium
Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
cited Cited as authority (rule) McCloud v. Classification Staff
S.D. Ga. · 2024 · confidence medium
Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Taite v. Clarke County Alabama District Attorneys Prosecutors (2×)
S.D. Ala. · 2023 · confidence medium
Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (per curiam); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
cited Cited as authority (rule) Smith v. Wilcher
S.D. Ga. · 2023 · confidence medium
Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Daker v. Keaton
N.D. Ga. · 2023 · confidence medium
See, e.g., Head, 2022 WL 2903410 , at *2 (holding that the district court did not err in refusing to grant Daker a hearing before dismissing his complaint with prejudice for his false statements on an IFP application when Daker was given the opportunity to object to the magistrate judge’s recommendation); Schmidt v. Navarro, 576 F. App’x 897, 899 (11th Cir. 2014) (per curiam) (concluding the plaintiff had notice and an opportunity to respond where the magistrate judge’s report and recommendation advocated dismissal and the plaintiff filed objections to the report; the district court revi…
discussed Cited as authority (rule) Lawson v. Montoya
S.D. Fla. · 2023 · confidence medium
After the third meritless suit, the prisoner must pay the full filing fee at the time he initiates suit.” Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
discussed Cited as authority (rule) McQueen v. State of Alabama Department of Corrections
S.D. Ala. · 2023 · confidence medium
In particular, Section 1915 only allows a prisoner to file three meritless suits in federal courts, after which he “must pay the full filing fee at the time he initiates suit.” Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Shelton v. Towler
W.D. Va. · 2023 · confidence medium
And it cited to one of its prior decisions, which stated “that after three meritless suits, a prisoner must pay the full filing fee at the time he initiates suit.” Id. (citing Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (emphasis in Dupree).
discussed Cited as authority (rule) Shelton v. Anderson
W.D. Va. · 2023 · confidence medium
And it cited to one of its prior decisions, which stated “that after three meritless suits, a prisoner must pay the full filing fee at the time he initiates suit.” Id. (citing Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (emphasis in Dupree).
discussed Cited as authority (rule) Shelton v. Mathena
W.D. Va. · 2023 · confidence medium
And it cited to one of its prior decisions, which stated “that after three meritless suits, a prisoner must pay the full filing fee at the time he initiates suit.” Id. (citing Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (emphasis in Dupree).
discussed Cited as authority (rule) Shelton v. King
W.D. Va. · 2023 · confidence medium
And it cited to one of its prior decisions, which stated “that after three meritless suits, a prisoner must pay the full filing fee at the time he initiates suit.” Id. (citing Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (emphasis in Dupree).
discussed Cited as authority (rule) Cadejuste v. Aramark Food Distribution
S.D. Fla. · 2023 · confidence medium
After the third meritless suit, the prisoner must pay the full filing fee at the time he initiates suit.” Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
cited Cited as authority (rule) DICKERSON v. WARDEN
S.D. Ga. · 2023 · confidence medium
Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Dumond v. Miami Dade Police Department
S.D. Fla. · 2023 · confidence medium
After the third meritless suit, the prisoner must pay the full filing fee at the time he initiates suit.” Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
discussed Cited as authority (rule) Stepherson v. Blinken
N.D. Ga. · 2023 · confidence medium
Courts in this Circuit understand that Section 1915’s plain text “only allows a prisoner to file three meritless suits” before he “must pay the full filing fee at the time he initiates suit.” Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
discussed Cited as authority (rule) LoRusso v. DeSantis
S.D. Fla. · 2023 · confidence medium
After the third meritless suit, the prisoner must pay the full filing fee at the time he initiates suit.” Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
discussed Cited as authority (rule) Riggins v. Jones (INMATE 4)
M.D. Ala. · 2023 · confidence medium
Dupree, 284 F.3d at 1236 (emphasis in original) (explaining that “the proper procedure is for the district court to dismiss the complaint without prejudice when [an inmate is not entitled] to proceed in forma pauperis [due] to [violation of] the provisions of § 1915(g)” because the prisoner “must pay the filing fee at the time he initiates the suit.”); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (same).
cited Cited as authority (rule) Shuler v. Bowman
S.D. Ga. · 2023 · confidence medium
Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
cited Cited as authority (rule) Johnson v. Hall
N.D. Ala. · 2022 · confidence medium
See Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001).
discussed Cited as authority (rule) Clark v. State Bar of GA
N.D. Ga. · 2022 · confidence medium
Courts in this Circuit understand that Section 1915’s plain text “only allows a prisoner to file three meritless suits at the reduced rate provided by that section” before he “must pay the full filing fee at the time he initiates suit.” Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
discussed Cited as authority (rule) Clark v. Cobb County, City of Marietta
N.D. Ga. · 2022 · confidence medium
Courts in this Circuit understand that Section 1915’s plain text “only allows a prisoner to file three meritless suits at the reduced rate provided by that section” before he “must pay the full filing fee at the time he initiates suit.” Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002) (quoting Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001)).
discussed Cited as authority (rule) Waseem Daker v. Patrick H. Head (2×) also: Cited "see"
11th Cir. · 2022 · confidence medium
Vanderberg, 259 F.3d at 1324.
discussed Cited as authority (rule) STARLING v. HYLES
M.D. Ga. · 2022 · confidence medium
Contrary to Petitioner’s assertions, “[d]ue process does not always require notice and an opportunity to be heard before dismissal[.]” Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001). 28 U.S.C. § 1915A permits dismissal of a prisoner’s complaint “‘as soon as practicable after docketing’” on the basis of the complaint “and without the consideration of additional arguments.” Wells v. Att’y Gen., Fla., 470 F. App’x 754, 756 (11th Cir. 2012) (per curiam).
discussed Cited as authority (rule) Alverson v. Hamm (INMATE 2)
M.D. Ala. · 2022 · confidence medium
Dupree, 284 F.3d at 1236 (emphasis in original) (explaining that “the proper procedure is for the district court to dismiss the complaint without prejudice when [an inmate is not entitled] to proceed in forma pauperis [due] to [violation of] the provisions of § 1915(g)” because the prisoner “must pay the filing fee at the time he initiates the suit.”); Vanderberg v. Donaldson, 259 F.3d 1321, 1324 (11th Cir. 2001) (same).
Retrieving the full opinion text from the archive…
Jack VANDERBERG, Plaintiff-Appellant,
v.
R. DONALDSON, Correctional Officer, Individually and Officially, Defendant-Appellee
99-4111.
Court of Appeals for the Eleventh Circuit.
Aug 1, 2001.
259 F.3d 1321
2001 U.S. App. LEXIS 17076
2001 WL 866886
Kathleen M. Williams (Court-Appointed), Timothy Cone (Court-Appointed), Miami, FL, for Plaintiff-Appellant., Robert A. Butterworth, Miami, FL, for Defendant-Appellee.
Edmondson, Fay, Newman.
Cited by 168 opinions  |  Published
EDMONDSON, Circuit Judge:

Jack Vanderberg, a pro se prisoner, filed suit under 42 U.S.C. § 1983 against a prison official. The district court dismissed the case for failure to state a claim upon which relief could be granted, pursuant to 28 U.S.C.A. § 1915(e)(2)(B)(ii) (West Supp. 2001). We affirm the dismissal.

In his complaint, Plaintiff alleged that, because his legal materials were confiscated and lost or destroyed, he was denied access to the courts. Plaintiff also alleged that he was subjected to verbal abuse and was threatened with retaliation for filing grievances and for verbally confronting a prison official.

Plaintiff appeals the dismissal of his complaint stating that section 1915(e)(2)(B)(ii) is unconstitutional, facially and as applied. [1]

Plaintiff first argues that section 1915(e)(2)(B)(ii) denies indigent litigants an equal opportunity to present meaningful grievances to the court. Section 1915(e)(2)(B)(ii) allows a district court to sua sponte dismiss a claim of an a plaintiff proceeding in forma pauperis for failure to state a claim before service of process. Because a court generally cannot dismiss a claim of a paying plaintiff under Rule 12(b)(6) before service of process, Plaintiff argues section 1915(e)(2)(B)(ii) violates his right to equal protection.

Plaintiff contends that we must apply a strict scrutiny standard to our review of section 1915(e)(2)(B)(ii) because section 1915(e)(2)(B)(ii) impinges upon an indigent litigant’s fundamental right to have access to the courts. This right requires that an inmate be provided “a reasonably adequate opportunity to present claimed violations of fundamental constitutional rights to the courts.” Lewis v. Casey, 518 U.S. 343, 351, 116 S.Ct. 2174, 2180, 135 L.Ed.2d 606 (1996) (citations omitted). But section 1915(e)(2)(B)(ii) only addresses procedures to be followed by the district court once an inmate’s claim is presented before the court. In no way does the section restrict the ability of a prisoner to prepare and file complaints, thereby bringing them to a court’s attention. See, e.g., Martin v. Scott, 156 F.3d 578, 580 n. 2 (5th Cir.1998) (concluding that section 1915A, a statute instituting screening procedures similar to section 1915(e)(2)(B)(ii), does not unconstitutionally restrict prisoner’s access to federal courts); Hanley v. Stewart, 21 F.Supp.2d 1088, 1093 (D.Ariz.1998) (concluding that inmate not denied access to courts when complaint dismissed sua sponte for failure to state a claim). Section 1915(e)(2)(B)(ii), therefore, does not impinge upon an inmate’s basic right of access to the courts.

Because section 1915(e)(2)(B)(ii) implicates no fundamental right, we apply a rational basis standard of review to it. Rivera v. Allin, 144 F.3d 719, 727 (11th Cir.1998); see also Christiansen v. Clarke, 147 F.3d 655, 658 (8th Cir.1998) (applying rational basis standard to section 1915(e)(2)(B)(ii)). Thus, section 1915(e)(2)(B)(ii) will not violate the Equal Protection Clause “so long as it bears a rational relation to some legitimate end.” Rivera, 144 F.3d at 727.

The Eighth Circuit recently addressed the issue now before us and con-[*1324] eluded that section 1915(e)(2)(B)(ii) passes review under the rational basis standard. We follow their view.

In Christiansen, the Eighth Circuit determined that Congress had legitimate interests in deterring meritless prisoner litigation and conserving judicial resources. 147 F.3d at 658. “Because prisoners ... initially pay a reduced filing fee ... and because prisoners have excessive amounts of free time on their hands, they are more likely than paying plaintiffs to file merit-less suits. By allowing district courts to dismiss all meritless claims before service of process and without giving leave to amend, the statute reduces the cost of those suits to the judicial system.” Id. (internal citation omitted).

The Eighth Circuit then determined that Congress chose a means rationally calculated to deter meritless prisoner litigation by raising the expected cost to a prisoner of filing a meritless lawsuit. Section 1915 only allows a prisoner to file three merit-less suits at the reduced rate provided by that section. 28 U.S.C. § 1915(g). After the third meritless suit, the prisoner must pay the full filing fee at the time he initiates suit. Id. Section 1915(e)(2)(B)(ii), in conjunction with section 1915(g), raises the expected cost of a prisoner’s meritless suit by permitting its prompt dismissal for failure to state a claim, thereby hustling the prisoner towards the time when he will have to pay the full filing fee up front. See ChHstiansen, 147 F.3d at 658. Thus, section 1915(e)(2)(B)(ii) reduces the burdens on the judicial system while, at the same time, increases the cost to prisoners for filing meritless claims. Id.

For these reasons, the Eighth Circuit concluded, as do we, that section 1915(e)(2)(B)(ii) is rationally related to the government’s legitimate interests in deterring meritless claims and conserving judicial resources and, therefore, does not violate the Equal Protection Clause.

Plaintiff also argues that his due process rights were violated, in this case, because he should have been given an opportunity to be heard before being confronted with the adverse recommendation of the magistrate judge. He argues that, because a district court defers to a magistrate’s report, notice and opportunity to be heard must be afforded before the magistrate judge makes his ruling.

Due process does not always require notice and the opportunity to be heard before dismissal; “[A] [district [cjourt may dismiss a complaint for failure to prosecute even without affording notice of its intention to do so or providing an adversary hearing before acting.” Link v. Wabash R.R. Co., 370 U.S. 626, 633, 82 S.Ct. 1386, 1390, 8 L.Ed.2d 734 (1962). In addition, in this case, the district court reviewed the magistrate judge’s report and recommendation de novo; and Plaintiff was given an opportunity to object to the magistrate judge’s report before the district court entered its final order. The complained of procedure did not deny Plaintiff due process.

Plaintiff finally argues that his due process rights were violated because the district court did not grant Plaintiffs motion to amend. Plaintiff cites no authority, nor do we know of any, which supports his contention that constitutional due process requires that a plaintiff always be afforded a chance to amend his complaint.

Furthermore, Plaintiff does not actually argue that the district court abused its discretion in denying Plaintiffs motion to amend. To the contrary, Plaintiff argues that Rule 15(a), which governs a plaintiffs motion to amend, does not apply to indigent litigants because section 1915(e)(2)(B)(ii) does not afford the district court discretion to allow an indigent litigant a chance to amend; he contends that section 1915(e)(2)(B)(ii) mandates a dis[*1325] missal upon a district court’s conclusion that the complaint failed to state a claim. Other circuits have addressed this issue and have arrived at different conclusions. Compare Gomez v. USAA Fed. Savings Bank, 171 F.3d 794, 796 (2d Cir.1999) (pro se plaintiff proceeding in forma pauperis should be afforded same opportunity to amend complaint as pro se fee-paid plaintiff); with McGore v. Wrigglesworth, 114 F.3d 601, 612 (6th Cir.1997) (under section 1915(e)(2)(B)(ii), district court has no discretion in allowing plaintiff to amend a complaint to avoid a sua sponte dismissal).

We need not resolve this issue today. Even if we assume that Rule 15(a) trumps section 1915(e)(2)(B)(ii), the district court did not err by denying the motion. [2] Pursuant to Rule 72(b), Plaintiff had ten days from service of the Magistrate’s report in which to file his objections. While the Magistrate Judge issued his report on 2 November, we will start the clock on 6 November. [3] In our computation of Plaintiffs deadline, we exclude Saturday and Sunday. See FRCP 6(a). We also assume that the Magistrate’s report was served upon Plaintiff by mail, and we add an extra three days to Plaintiffs prescribed time. See FRCP 6(e). Plaintiff, therefore, was required to file his objections to the report on 24 November. He missed that deadline completely. Plaintiff alleges that he delivered his “Objections to the Magistrate’s Report/Motion to Amend” to prison officials for mailing on 30 November. The document was not, however, received by the clerk of the court until 8 December.

The 30th of November is the same day that the district court entered the order dismissing the action. Although someone might argue that the motion to amend should have been granted as of right because it may have been “filed” [4] before the court’s dismissal was entered, see Fed.R.Civ.P. 15(a) (granting plaintiff one opportunity to amend complaint as of right before answer served), we conclude that, regardless of the timing of the entries on 30 November, the motion should, in effect, be treated as “filed” after the district court’s dismissal. Two factors influence our decision.

First, having missed the 24 November deadline to object to the magistrate’s recommendation of dismissal, we cannot say that Plaintiff did all that he could do to get before the district court in a timely way his legal position in opposition to the dismissal. See Houston v. Lack, 487 U.S. 266, 270, 108 S.Ct. 2379, 2382, 101 L.Ed.2d[*1326] 245 (1988) (noting fact that appellant “ ‘had done all that could reasonably be expected to get the letter to its destination within the required 10 days’ ” supported allowing notice of appeal to be considered “filed” when handed to prison official) (quoting Fallen v. United States, 378 U.S. 139, 144, 84 S.Ct. 1689, 1692-93, 12 L.Ed.2d 760 (1964)); see also Wayne v. Jarvis, 197 F.3d 1098, 1104 (11th Cir.1999) (“Liberal construction does not mean liberal deadlines.”); Garvey v. Vaughn, 993 F.2d 776, 780 n. 11 (11th Cir.1993) (collecting cases concluding that Houston rationale does not excuse inmates who deliver papers to prison officials after deadline).

Second, the motion, while perhaps “filed” (in some sense) on 30 November, did not, and could not, actually arrive at the district court and be brought to the attention of the court until several days after the 30 November order was entered. The district court did not dismiss the case on the first day possible. The court instead waited until six days after the 24 November deadline for submission of objections passed before dismissing the action. Nor is there reason to think the district court did anything to avoid seeing the motion to amend before dismissing the case. To hold that Plaintiffs motion to amend must be granted as of right when it is actually received by the court after both a magistrate judge and a district judge have expended considerable judicial resources analyzing the original complaint and entering judgment would be a waste of judicial resources. See In re Watauga Steam Laundry, 7 F.R.D. 657, 658-59 (E.D.Tenn.1947) (considering expenditure of judicial resources as justification for concluding that filing of motion for leave to amend waived amendment as of right).

The circumstances of this case persuade us that Plaintiffs motion to amend must be treated as filed after the district court’s dismissal order was entered on 30 November. Thus, Rule 15(a)’s amendment as of right does not apply to Plaintiffs motion to amend.

Rule 15(a)’s abuse of discretion standard applies when a plaintiff seeks to amend an unamended complaint after entry of judgment by moving to vacate a dismissal pursuant to Fed.R.Civ.P. 59(e). See Thomas v. Town of Davie, 847 F.2d 771, 773 (11th Cir.1988). Plaintiff, however, did not file a Rule 59(e) motion. Instead, Plaintiff, in addition to his motion to amend, filed a Motion for Relief from Judgment expressly based upon Rule 60(b). A “significantly higher” standard is generally used to decide whether a movant is entitled to relief under Rule 60(b). Feathers v. Chevron U.S.A., Inc., 141 F.3d 264, 268 (6th Cir.1998). We, however, need not decide whether Rules 15(a) and 59(e)’s more lenient standard applies to this pro se Rule 60(b) motion: Plaintiff cannot even satisfy the Rule 15(a) abuse of discretion standard, much less the more stringent Rule 60(b) standard.

The district court’s dismissal is not reversible error. First, we stress that under the abuse of discretion standard we give a court “considerably more leeway than if we were reviewing its decision de novo.” Cason v. Seckinger, 231 F.3d 777, 786 (11th Cir.2000). We do not ask whether we would have granted the leave to amend, but whether the district court abused its discretion by not granting a leave to amend under the circumstances of the present case. See id. A district court has not abused its discretion when the court has “a range of choices” and the court’s choice “does not constitute a clear error of judgment.” Id. at 786-87.

In this case, one of the district court’s permissible choice’s within the range was to deny the motion to amend if the amendment was futile. See Brewer- [*1327] Giorgio v. Producers Video, Inc., 216 F.3d 1281, 1284 (11th Cir.2000) (motion to amend may be denied if amendment is futile). Although Plaintiffs objections/ motion to amend consisted of nine pages, Plaintiff failed to allege new facts from which the district court could have concluded that Plaintiff may have been able to state a claim successfully.

While the Southern District of Florida Local Rule 15.1 requires a plaintiff to attach the proposed amendment to his motion to amend, we do recognize that the rule also states that the “failure to comply with this rule is not grounds for denial of the motion.” S.D. Fla. L.R. 15.1. But Plaintiff presented no reasons for why the district court should have granted his motion to amend; nor did he give any indication about what the substance of his proposed amendment would be. We, therefore, cannot say that the district court erred in failing to grant Plaintiffs motion to amend.

AFFIRMED.

1

. Plaintiff also appeals the district court's dismissal of his complaint for failure to state a claim. After reviewing the complaint, we affirm the district court’s dismissal.

2

. In denying the motion to amend, the district court did not say that it believed it lacked the legal power to grant an amendment.

3

. Plaintiff admits that the ten-day clock began to run on 6 November. It is, however, unclear whether Plaintiff alleges that the Magistrate's report was served on him 5 November or that the report was served on him 2 November and he added three extra days from the date of service in accordance with Rule (6)(e). We will give Plaintiff the benefit of the argument, and assume that he was not served until 5 November and, therefore, is still entitled to the three extra days allowed by Rule 6(e).

4

. Plaintiff asserts that his motion to amend was given to prison officials for mailing on 30 November. Following creation of the "mailbox rule" in Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 2382, 101 L.Ed.2d 245 (1988) (notice of appeal), this circuit considers notices of appeal, section 1983 complaints, Federal Tort Claims Act complaints, and section 2255 motions to vacate "filed" when a pro se prisoner delivers one of them to a prison official for mailing. Adams v. United States, 173 F.3d 1339, 1341 (11th Cir.1999) (section 2255); Garvey v. Vaughn, 993 F.2d 776, 780 n. 11 (11th Cir.1993) (section 1983 and Federal Tort Claims Act). Although we do not decide the issue today, we assume that, as a general rule, a motion to amend is subject to Houston's mailbox rule. Nonetheless, as the remainder of this opinion details, we conclude that Plaintiff is not entitled to the benefit of the mailbox rule.