Woodson v. McCollum, No. 17-6064 (10th Cir. 2017)
Annotate this CasePlaintiff Marcus Woodson, a prisoner of Oklahoma, sued several Oklahoma prison officials in Oklahoma state court, proceeding in forma pauperis (IFP) under state law. The defendants removed the case to federal district court. As required by federal statute, they paid the filing fee. The federal court, however, determined that Woodson, who had previously abused the federal courts by filing frivolous lawsuits, was not eligible to proceed IFP and dismissed his case because he failed to pay the filing fee. Woodson appealed. The Tenth Circuit reversed finding state-court plaintiffs whose cases are removed to federal court have no obligation to pay a filing fee; nothing in the federal IFP statute was to the contrary.
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