A Jailhouse Lawyer's Manual Chapter 14 - Columbia Law School

pay fees incurred because they are subject to the “three strikes” provision 17 can be denied in
forma pauperis status or barred outright from filing. 18
If you lose a case, a federal court may decide to charge you with the costs of the lawsuit. 19
Courts are not required to make awards of costs against indigent prisoners; instead, they
have discretion to assess or not assess costs against them. 20 But, if a court decides to assess
costs, you cannot appeal that decision. 21
No exceptions to the fee requirement exist, and the court has no authority to defer
payment until after your release. 22 You must pay these filing fees even if your case is
dismissed immediately, if you fail to submit the necessary financial information, 23 or if
mistakes by the lower court make an appeal necessary. 24 You cannot get the fee back by
voluntarily withdrawing the complaint or appeal. 25 Once the case is filed, you owe the fee
(though in some courts the case may not actually be filed until and unless financial
information is submitted). Prison officials must keep collecting fees if you remain within
their legal custody, even if you are transferred to another jurisdiction. 26 They are required to
prioritize these fees over other deductions. 27
Filing fee payments are to be calculated based on all money the prisoner receives (not
just prison wages), and deductions may not be made for money spent on legal copies and
17. 28 U.S.C. § 1915(g) (2006). See next section for further discussion.
18. Campbell v. Clarke, 481 F.3d 967, 969–70 (7th Cir. 2007); Sloan v. Lesza, 181 F.3d 857, 859
(7th Cir. 1999). However, a recent decision held that a prisoner who is subject to the “three strikes”
provision of the PLRA and who has not paid filing fees owed from prior suits cannot be barred from
filing under the “imminent danger of serious physical injury” exception to that provision. Miller v.
Donald, 541 F.3d 1091, 1096–97 (11th Cir. 2008). For more information on the “three strikes” provision,
see Part C of this Chapter.
19. 28 U.S.C. § 1915(f)(2) (2006). In one recent case, a prisoner was assessed $7989.90 in costs
and $15,750 in attorneys’ fees. See Sanders v. Seabold, No. 98-5470, 188 F.3d 509, 509, 1999 U.S. App.
LEXIS 19764, at *3 (6th Cir. Aug. 13, 1999) (unpublished).
20. Feliciano v. Selsky, 205 F.3d 568, 572 (2d Cir. 2000) (noting “the ability of a court to require,
as a matter of discretion, that the indigent prisoner pay the costs, or some part of them”).
21. Whitfield v. Scully, 241 F.3d 264, 272–73 (2d Cir. 2001) (“[T]he 1996 amendments to § 1915
have undercut the ability of prisoners to appeal an award of costs on the ground of indigency”).
22. Ippolito v. Buss, 293 F. Supp. 2d 881, 883 (N.D. Ind. 2003).
23. See McGore v. Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997) (warning that failure to pay
fees or to provide necessary affidavit of indigency or trust account statement may eventually result in
dismissal of case); Robbins v. Switzer, 104 F.3d 895, 897 (7th Cir. 1997) (“[W]hen a prisoner does not
adhere to the statutory system, a court may dismiss the appeal without regard to his ability (or
inability) to pay.”); Leonard v. Lacy, 88 F.3d 181, 186 (2d Cir. 1996) (“[W]e will apply the PLRA to
impose any required obligation for filing fees (subject to installment payments) upon all prisoners who
seek to appeal civil judgments without prepayment of fees. That obligation will be imposed prior to any
assessment of the frivolousness of the appeal.”).
24. Lebron v. Russo, 263 F.3d 38, 42 (2d Cir. 2001) (refusing to grant an exception to filing fee
requirement even where plaintiff had to re-file due to a judicial error in the first filing).
25. Goins v. Decaro, 241 F.3d 260, 261 (2d Cir. 2001) (“The PLRA makes no provision for return
of fees partially paid or for cancellation of the remaining indebtedness in the event that an appeal is
withdrawn.”).
26. Beese v. Liebe, 153 F. Supp. 2d 967, 970 (E.D. Wis. 2001) (holding state officials obligated “to
put into place procedures for continuing the collection of the filing fees ... . The payments do not stop,
nor are they even temporarily placed on hold, just because the Secretary has chosen to send [the
prisoners] out-of-state.”) (citation omitted). See generally Hall v. Stone, 170 F.3d 706, 708 (7th Cir.
1999) (“Custodians must remit as ordered under § 1915 without regard to the prisoner’s wishes.”).
27. Smith v. Huibregtse, 151 F. Supp. 2d 1040, 1043 (E.D. Wis. 2001) (finding “funds exist within
the meaning of the PLRA whenever a prisoner has funds or receives income and prison officials must
give payment of federal court filing fees priority”).