La. R. Dist. Ct. 60.6

As amended through October 31, 2024

Rule 60.6 - In Forma Pauperis Offender/Prisoner Suits and PLRA Stays

A. La. R.S. 15:1186 governs in forma pauperis motions in actions filed pursuant to the CARP and the PLRA.

B. In ordinary civil suits governed by the PLRA, pursuant to La. R.S. 15:1186(B)(2), the order granting a prisoner's request to proceed in forma pauperis automatically stays all proceedings, including any service of process, until all court costs or fees due the clerk by the prisoner are paid. If the prisoner does not pay the full court costs or fees within three years from when incurred, the suit shall be considered abandoned and dismissed without prejudice pursuant to subsection La. R.S. 15:1186(B)(2)(c).

C. A prisoner may not bring a civil action, or appeal a judgment in a civil action or proceeding, in forma pauperis if the prisoner has, on three or more prior occasions while incarcerated or detained in any facility, brought an action or appeal in a state court that was dismissed on the grounds it was frivolous, malicious, failed to state a cause of action, or failed to state a claim upon which relief may be granted pursuant to La. R.S. 15:1187. If a prisoner has at least three dismissals as described in La. R.S. 15:1187 that are not yet final, and further, if the prisoner is disqualified from proceeding as a pauper either in federal court by operation of 28 U.S.C. § 1915(g) or in the courts of another state by operation of a similar law of that state, then the court on its own motion may, or on motion of a party shall, stay all proceedings in any other prisoner suit or appeal in which the prisoner is proceeding as a pauper until such time as the dismissals become final, unless the court finds that the prisoner is in imminent danger of serious physical injury.

D. Actions filed in forma pauperis not governed by the CARP or the PLRA are governed by La. Code Civ. Proc. arts. 5181-5185. See also Louisiana Rules for District Courts, Rules 8.0 - 8.2.

E. Rules 8.1 and 8.2 of the Louisiana District Court Rules apply to suits brought by offenders/prisoners who proceed in forma pauperis.

La. Dist. Ct. 60.6

Adopted November 3, 2008, effective 1/1/2009. Renumbered Rule 60.6 and amended April 20, 2010, effective 6/1/2010. Amended November 18, 2010, effective 1/1/2011; amended November 21, 2011, effective 1/1/2012.