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· 5/25/1976

Sinwell, William v. Governor Milton Shapp, Governor of Pennsylvania

Citations

  • 536 F.2d 15

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding district court abused its discretion by denying motion to proceed in forma pauperis based on venue defect
  • stressing that “28 U.S.C. § 1915 contains no express authorization for a dismissal for lack of venue”
  • concluding that as “the commencement or filing of the suit (under section 1915(a)) depends solely on whether the affiant is economically eligible”, trial court abused its discretion by basing a decision on leave to proceed IFP on inappropriate factor of venue rather than on economic status
  • describing two-step process for evaluating a petitioner’s motion to proceed in forma pauperis on appeal
  • recognizing divergence of opinion as to denial of IFP status on ground of frivolity, noting that “since section 1915(d) allows the district court to dismiss the complaint, once filed, as ‘frivolous or malicious,’ the practical impact . . . may be slight”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clark, Gibbons, Hunter

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.