Siluk v. Merwin, No. 11-3996 (3d Cir. 2015)
Annotate this CaseSiluk is an indigent state prisoner who was allowed to file in forma pauperis (IFP). He currently owes a filing fee of $350 to the Clerk of the District Court and $505 to the Clerk of the Third Circuit. Siluk argued that the Prison Litigation Reform Act (PLRA), 28 U.S.C. 1915(b)(2), only requires a 20% deduction from his prison account each month until both fees are paid, and that the deductions should be made in the order in which they were incurred. The government argued that section 1915(b) requires that a monthly 20-percent deduction must be made concurrently for fees owed in both courts until the fees are paid, which would result in a 40-percent deduction from Siluk’s account. After noting a conflict among the circuits, the Third Circuit adopted the sequential recoupment rule: section 1915 permits the recoupment of only 20% of a prisoner’s monthly income for filing fees, regardless of how many civil actions or appeals the prisoner elects to pursue.
The court issued a subsequent related opinion or order on April 21, 2015.
The court issued a subsequent related opinion or order on April 28, 2015.
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