Case Citator › Dorothy Floyd v. United States Postal Service, Donald Harants, Postmaster

Dorothy Floyd v. United States Postal Service, Donald Harants, Postmaster

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Sixth Circuit
Citation
105 F.3d 274
Decided
Confirmed treatments
1
Flagged citations read
194 of 194
Citing cases (total)
428
Treatment dates
1999
Overruled in part
A reviewed court has overruled part of this case’s holding. Dorothy Floyd v. United States Postal Service was overruled in part; all 194 flagged citations have been read, and the confirmed treatment is listed below. Callihan v. Schneider abandoned Floyd's rule that a non-prisoner could not seek in forma pauperis status from the court of appeals after the district court certified that the appeal was not taken in good faith.
More on how this was screened

Every later reviewed opinion merely reported Callihan's act while applying the resulting appellate procedure; none independently treated Floyd. One court rejected an argument that Floyd's surviving requirement for non-prisoners seeking in forma pauperis status was erroneous.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

428 later cases cite Dorothy Floyd v. United States Postal Service, Donald Harants, Postmaster; 194 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Dorothy Floyd v. United States Postal Service, Donald Harants, Postmaster?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Sixth Circuit abandoned Floyd's holding that a non-prisoner could not seek in forma pauperis status from the court of appeals after the district court certified that the appeal was not taken in good faith.

    Callihan v. Schneider · Sixth Circuit · filed

    Consistent with our discussion in Floyd concerning Congress's authority to regulate court procedures, and pursuant to the directives of the Rules Enabling Act, we must abandon our holding in Floyd that once the district court has certified that an appeal from a non-prisoner would not be taken in good faith, the litigant may not proceed in forma pauperis on appeal.
    Read the full opinion on CourtListener →

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