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Appellate Law

: Appellate Law and Practice

CA1: defective IFP Applications toll statutes of limitations

By S. COTUS

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McGill v. U.S. Express, No. 08-1101 (unpublished) remands a case which was dismissed on statute of limitations grounds.  It seems that the statute of limitations ended during the period in which the plaintiff was trying to perfect her in forma pauperis ("IFP") motion.  Such motions toll the statute of limitations, and advance payment of a filing fee is not jurisdictional. Moreover, even if all the IFP applications were denied, a petitioner would still have a reasonable time to pay the filing fee.  Why the District Court didn?t know this is anyone?s guess.

Full post as published by Appellate Law and Practice on September 03, 2008 (boomark / email).

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