upon which relief could be granted – Prepayment of fees. A. A prisoner who has, on three or more prior occasions, while incarcerated or detained in any facility, or while on probation or parole, brought an action or appeal in a court of this state or a court of the United States that has been dismissed on the grounds that the case was frivolous, or malicious, or failed to state a claim upon which relief could be granted, may not proceed in a matter arising out of a civil case, or upon an original action or on appeal without prepayment of all fees required by law, unless the prisoner is under immediate danger of serious physical injury. B. The court administrator of the Oklahoma courts shall maintain a registry of those prisoners who have had any cases dismissed as frivolous or malicious or for failure to state a claim upon which relief can be granted. The Attorney General, the General Counsel of the Department of Corrections, the district attorneys and general counsels of the various state agencies shall forward to the court administrator copies of all orders in which there was a finding the case filed by a prisoner was dismissed as frivolous or malicious or for failure to state a claim upon which relief can be granted. Added by Laws 2001, c. 93, § 1, eff. Nov. 1, 2001.
Notes of Decisions
Mehdipour v. State Ex Rel. Dep't of Corr., 2004 OK 19 (Okla. 2004).
· cites it 46× “¶ 1 We granted certiorari to address the issue of whether inmates who seek to proceed as indigents or paupers, but who are required to prepay filing fees pursuant to 57 O.S.2001 § 566.2 [1] if they have filed three or more meritless civil lawsuits are statutorily denied due…”
Barzellone v. Presley, 2005 OK 86 (Okla. 2005).
“Title 57 O.S.2001 § 566.2. 26 . Due process protections encompassed within the two constitutions are coextensive.”
Dopp v. Kirkendall, 2021 OK 52 (Okla. 2021).
· cites it 12× “The trial court dismissed without prejudice his first case because he had not prepaid the required filing fees pursuant to 57 O.S. 2011, § 566.2. The Appellant filed a motion to reconsider within ten days of that order, which the trial court denied.”
Cotner v. Golden, 2006 OK 25 (Okla. 2006).
“¶ 8 When a prisoner has had three or more actions or appeals dismissed on the grounds that they were frivolous, malicious, or failed to state a claim upon which relief may be granted, then a District Court may require that prisoner to prepay filing fees; and the matter arising…”
Hemphill v. Harbuck, 326 P.3d 521 (Okla. 2014).
· cites it 2× “¶11 This is the perfect example of the swarm of inmate recreational litigation clogging our courts. Inmates who engage in recreational litigation 1 by filing cases which are frivolous or malicious, or which fail to state a claim, may forfeit the right to access to the courthouse.”
Parker v. Province, 415 F. App'x 19 (10th Cir. 2011).
· cites it 2× “The OCCA rejected his appeal pursuant to Okla. Stat. tit. 57 § 566.2(A) (2004) which provides: A prisoner who has, on three or more prior occasions, while incarcerated or detained in any facility, or while on probation or parole, brought an action or appeal in a court of this…”
In Re Creation of Rule 1.18 of Oklahoma Supreme Court Rules, 2019 OK 38 (Okla. 2019).
· cites it 3× “57 O.S. § 566.2(8). When a prisoner files an appeal or original action, the Clerk of the Supreme Court shall check the prisoner's name with the Registry of Frivolous or Malicious Appeals to determine if that prisoner already appears three or more times on the Registry.”
Hemphill v. Harbuck, 2014 OK 24 (Okla. 2014).
“¶11 This is the perfect example of the swarm of inmate recreational litigation clogging our courts.”
— Okla. Stat. tit. 57, § 566.2(8) — 1 case
In Re Creation of Rule 1.18 of Oklahoma Supreme Court Rules, 2019 OK 38 (Okla. 2019).
“57 O.S. § 566.2(8). When a prisoner files an appeal or original action, the Clerk of the Supreme Court shall check the prisoner's name with the Registry of Frivolous or Malicious Appeals to determine if that prisoner already appears three or more times on the Registry.”
— Okla. Stat. tit. 57, § 566.2(A) — 5 cases
Hemphill v. Harbuck, 326 P.3d 521 (Okla. 2014).
“¶11 This is the perfect example of the swarm of inmate recreational litigation clogging our courts. Inmates who engage in recreational litigation 1 by filing cases which are frivolous or malicious, or which fail to state a claim, may forfeit the right to access to the courthouse.”
Dopp v. Kirkendall, 2021 OK 52 (Okla. 2021).
“The trial court dismissed without prejudice his first case because he had not prepaid the required filing fees pursuant to 57 O.S. 2011, § 566.2. The Appellant filed a motion to reconsider within ten days of that order, which the trial court denied.”
Parker v. Province, 415 F. App'x 19 (10th Cir. 2011).
“The OCCA rejected his appeal pursuant to Okla. Stat. tit. 57 § 566.2(A) (2004) which provides: A prisoner who has, on three or more prior occasions, while incarcerated or detained in any facility, or while on probation or parole, brought an action or appeal in a court of this…”
In Re Creation of Rule 1.18 of Oklahoma Supreme Court Rules, 2019 OK 38 (Okla. 2019).
“57 O.S. § 566.2(8). When a prisoner files an appeal or original action, the Clerk of the Supreme Court shall check the prisoner's name with the Registry of Frivolous or Malicious Appeals to determine if that prisoner already appears three or more times on the Registry.”
Hemphill v. Harbuck, 2014 OK 24 (Okla. 2014).
“¶11 This is the perfect example of the swarm of inmate recreational litigation clogging our courts.”
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