UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-20086
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L. D. HILLARD,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas, Houston
(CA-H-95-3166)
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February 18, 1997
Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM*:
Prisoner-appellant L.D. Hilliard (#191266) filed an original
notice of appeal on 22 January 1996 from the district court’s
dismissal of his habeas corpus attack on the revocation of his
“good time” and his § 1983 attack on the current terms of his
parole review. On 13 May, this court dismissed the appeal for want
of prosecution; it was reinstated on 5 July, and a COA granted.
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
On 26 April 1996, the President signed into law the Prison
Litigation Reform Act (PLRA) which, inter alia, requires prisoners
proceeding in forma pauperis in civil actions to pay this court’s
filing fee, or to pay 20% of the greater of: (a) the average
monthly deposits to his trust fund account; or (b) the average
monthly balance for the six month period preceding the date of the
notice of appeal. The balance of the filing fee is to be collected
from the litigant on the same terms, until the fee is paid in full.
Whether the date of appeal in this action is considered to be
22 January 1996, or 5 July 1996 is of no consequence, because even
if the date of appeal were 22 January, the PLRA would apply to the
appeal, as it was pending on the date of the enactment. See 28
U.S.C. § 1915(b)(1),(2); Strickland v. Rankin County Corr. Fac.,
___ F.3d ___, 1997 WL 35406 (5th Cir., Jan. 30, 1997); Moreno v.
Collins, ___ F.3d ___, 1997 WL 35408 (5th Cir., Jan. 9, 1997).
Hilliard has 30 days from the date of this order to comply
with the requirements of the PLRA, including:
1) payment of the appellate filing fee of $105.00 to the clerk
of the district court; or
2)(a) the filing in this court of an affidavit stating all
assets that Hilliard possesses, and
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(b) the filing of a certified statement by the custodian of
Hilliard’s trust fund account for the six month period immediately
prior to the date of filing the notice of appeal herein.
The clerk of this court is directed to provide Hilliard with
the proper forms for compliance herewith.
This appeal is held in abeyance until Hilliard complies
herewith or until the expiration of 30 days, whichever period is
shorter. If Hilliard does not comply within 30 days, the clerk of
this court is directed to dismiss the appeal for lack of
prosecution. See Fifth Circuit Rule 42.3.
Hilliard’s unopposed motion for leave to file a reply brief
out of time is GRANTED.
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