Civil Procedure — appellate rules

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Civil Procedure — appellate rules

A pro se prisoner may be excused from the requirements of Rule 22.2(a)(4) & (5).

“Since Rule 22.2 was adopted, technological advances have made accessing papers from earlier cases considerably easier. Electronic filing and storage of legal papers filed in the federal courts is now the norm and, thus, those papers are readily available to successor courts. Thus, for example, we have independently obtained and reviewed the papers from Maxy’s initial collateral attack and his first application. Therefore, we can say with certainty that he requires authorization to proceed on a habeas corpus petition attacking his 60-year sentence for attempted murder, burglary-battery, and bail jumping. Likewise, when we receive the forthcoming application, we will be able to compare it and his earlier pleadings to determine whether § 2244(b)(1) prohibits authorization.”

“Technological advances also take care of the requirement that individuals filing original actions in this court, like a § 2244(b) application, must file an original and three copies of their pleadings. Fed. R. App. P. 21(d). Before electronic filing was possible, the expense of making sufficient copies to make the record and for review by a panel of three judges rightfully fell to the litigants. Now, however, a single paper copy submitted by a pro se prisoner1 may be scanned and distributed to the court at virtually no extra cost.”

So Ordered.

12-8003 In re: Maxy

On Petition for Permission to File, Per Curiam.