Kenneth E. Murray v. Francis E. Dosal, Clerk

150 F.3d 814
CourtCourt of Appeals for the Eighth Circuit
DecidedOctober 8, 1998
Docket97-2828
StatusPublished
Cited by51 cases

This text of 150 F.3d 814 (Kenneth E. Murray v. Francis E. Dosal, Clerk) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kenneth E. Murray v. Francis E. Dosal, Clerk, 150 F.3d 814 (8th Cir. 1998).

Opinions

PER CURIAM.

Kenneth Murray filed this petition under the All Writs Act, 28 U.S.C.A. § 1651, alleging the clerk of court violated his constitutional rights by refusing to file a civil rights complaint unless he paid an initial partial filing fee pursuant to the provisions of the Prison Litigation Reform Act of 1995 (PLRA), 28 U.S.C.A. § 1915 (West Supp. 1998). Appellee, Francis Dosal, was directed to respond to the petition. After the response was filed, the district court2 adopted the report of the magistrate judge3 and dismissed the petition. This appeal followed. We affirm.

The PLRA was enacted “with the principal purpose of deterring frivolous prisoner litigation by instituting economic costs for prisoners wishing to file civil claims.” Lyon v. Krol, 127 F.3d 763, 764 (8th Cir.1997) (citing H.R. Conf. Rep. No. 104-378, at 166-67 (1995)). The PLRA “refashioned the procedures prisoners must observe when seeking to proceed IFP [in forma pauperis] in civil actions.” Mitchell v. Farcass, 112 F.3d 1483, 1487 (11th Cir.1997).

The PLRA’s amendments to 28 U.S.C.A. § 1915 require prisoners who wish to proceed IFP to meet certain requirements imposed by the statute.4 A prisoner seeking [817]*817IFP status must file an affidavit showing his assets and attesting to his impoverishment, and submit a certified copy of his account statement for the six-month period preceding the filing of the complaint or notice of appeal. 28 U.S.C.A. § 1915(a)(1) & (2). Even though seeking IFP status, the prisoner is required to pay the full amount of the fee. The court assesses and, when funds exist, collects as partial payment of the court fees required by law, an initial partial filing fee of 20% of the greater of: (a) the average monthly deposits to the prisoner’s account; or (b) the average monthly balance in the prisoner’s account for the 6-month period immediately preceding the filing of the complaint or notice of appeal. 28 U.S.C.A. § 1915(b)(1). However, the statute provides that “[i]n no event shall a prisoner be prohibited from bringing a civil action or appealing a civil or criminal judgment for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.” 28 U.S.C.A. § 1915(b)(4).

After paying the initial filing fee, the prisoner must make monthly payments equal to 20% of the preceding month’s income credited to his prison account. 28 U.S.C.A. § 1915(b)(2). So long as the prisoner’s account exceeds $10, prison officials are given authority to take the 20 percent. These payments are sent to the clerk of the court. The payments are deducted from the accounts until the full filing fee has been paid.

Since its enactment, a number of circuits have upheld the PLRA against a variety of constitutional challenges. See e.g., Shabazz v. Parsons, 127 F.3d 1246 (10th Cir.1997); Norton v. Dimazana, 122 F.3d 286 (5th Cir.1997); Mitchell v. Farcass, 112 F.3d 1483 (11th Cir.1997); Roller v. Gunn, 107 F.3d 227 (4th Cir.1997), cert. denied, — U.S. —, 118 S.Ct. 192, 139 L.Ed.2d 130 (1997); Hampton v. Hobbs, 106 F.3d 1281, 1284 (6th Cir.1997). “They have concluded that its fee requirements do not employ suspect classifications, deprive prisoners of the right to court access, or violate rights to equal protection.” Lyon, 127 F.3d at 764-65 (citations omitted).

Murray first contends the filing fee requirements constitute • an unconstitutional barrier to access to the courts. He relies primarily on Lewis v. Casey, 518 U.S. 343, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996), which he contends reaffirmed the fundamental nature of a prisoner’s right of access to the courts.5 He argues the right involved is a fundamental right and this court must employ strict scrutiny in reviewing the restrictions placed on this right by the PLRA.

“Congress has long regulated the access of indigent litigants to the federal judicial system.” Roller, 107 F.3d at 230. The imposition of a filing fee, over time if necessary, has been held not to unconstitutionally burden the right to court access. See e.g., In re Williamson, 786 F.2d 1336, 1339-41 (8th Cir.1986)(Upholding the imposition of partial filing fees on IFP plaintiffs). As the Fourth Circuit noted in Roller, “the right of access to federal courts is not a free-floating right, but rather is subject to Congress’ Article III power to set limits on federal jurisdiction.” Roller, 107 F.3d at 231. “The Supreme Court has never recognized an ‘unlimited rule that an indigent at all times and in all eases has the right to relief without the payment of fees.’ ” Id. (quoting United States v. Kras, 409 U.S. 434, 93 S.Ct. 631, 34 L.Ed.2d 626 (1973)).

Further in this case, Murray has failed to show that court access has been impeded. Lyon, 127 F.3d at 765 (Prisoner lacks standing when he fails to show fee requirements [818]*818imposed by the PLRA have deprived him of his access to the court). Rather, Murray merely argues he should not be forced to choose between spending the limited funds in his prison account on small amenities or on pursuing a civil rights action.

Given that both the initial partial fee and subsequent installment amounts are modest, the payments are extracted only in the months when the prisoner’s trust fund account exceeds ten dollars, and the fact that the PLRA provides no prisoner shall be prohibited from bringing an action “for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee,” we agree that the provisions pass constitutional muster. We find persuasive the reasoning of the Fourth Circuit that:

[Requiring prisoners to make economic decisions about filing lawsuits does not deny access to the courts; it merely places the indigent prisoner in a position similar to that faced,by those whose basic costs of living are not paid by the state. Those .living outside of prisons cannot file a lawsuit every time they suffer a real or imagined slight. Instead, they must weigh the importance of redress before resorting to the legál system. If a prisoner determines that his funds are better spent on other items rather than filing a civil rights suit, “he has demonstrated an implied evaluation of that suit” that the courts should be entitled to honor.

Roller, 107 F.3d at 233 (citation omitted).

Murray next contends that requiring only prisoners to pay filing fees violates their rights to equal protection of the laws. Neither prisoners nor indigents constitute a suspect class and, as discussed above, the provisions do not implicate a fundamental right. Roller, 107 F.3d at 234; Hampton, 106 F.3d at 1286. Thus, the PLRA’s fee requirements are upheld so long as they are rationally related to a legitimate government interest.

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Bluebook (online)
150 F.3d 814, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kenneth-e-murray-v-francis-e-dosal-clerk-ca8-1998.