Smith v. Moore, 2002 OK 49

Summary

The Oklahoma Supreme Court considers whether a district court order requiring a prisoner to pay a partial filing fee from prison earnings was appealable and whether the court could impose such a fee. The court recast the matter as an original proceeding and held that courts may require partial filing fees and collect them from future balances, but may not require a payment that completely depletes the prisoner's account. Writs of mandamus and prohibition were granted in part and denied in part with instructions.

Holdings

1. An order assessing a partial filing fee and imposing a lien on a prisoner's future prison income is interlocutory and unreviewable before final judgment when it does not terminate the litigation or prevent the prisoner from continuing the case.
2. A court may require a prisoner proceeding in forma pauperis to pay a partial filing fee based on present account balances, monthly income, other assets, and future account balances, and may issue orders necessary to collect the fee.
3. A court may not order a partial filing fee for any month that completely depletes the prisoner's account.

Questions Presented

1. Whether the district court's order requiring payment of a partial filing fee and imposing a lien on the prisoner's future income was appealable before final judgment.
2. Whether Oklahoma courts may assess partial filing fees against a prisoner's future account balances and income when the prisoner proceeds in forma pauperis.
3. Whether a court may require a partial filing fee that completely depletes the prisoner's funds for a month.

Disposition

writ_granted