Summary
The Oklahoma Supreme Court orders a prisoner seeking extraordinary relief to pay the statutory $200 filing-cost deposit or show cause why payment should not be required. The court finds that the petitioner’s mandatory savings account contains sufficient funds and directs the Department of Corrections to pay the deposit from that account upon the petitioner’s request.
Topics
Practice areas
Questions Presented
- Whether a prisoner with sufficient funds in a mandatory savings account must pay the statutory cost deposit before an action may proceed in forma pauperis.
- Whether a prisoner's mandatory savings account may be used to pay the statutory cost deposit required for filing in the Oklahoma Supreme Court.
- Whether the Department of Corrections must pay the statutory cost deposit from a prisoner's mandatory savings account upon the prisoner's request without a specific court order directing payment.
Holdings
- A prisoner seeking to proceed in forma pauperis who has sufficient funds to pay the statutorily required costs must be ordered to pay those costs before the action may commence.
- A prisoner's mandatory savings account may be used to pay the $200 cost deposit required by 20 O.S. Supp. 2004 § 15.
- The Department must pay the statutory cost deposit to the court upon the prisoner's request, without a specific court order directing payment, if the prisoner has the required amount in the mandatory savings account.
Key quotations
“When a prisoner seeks to file an action in forma pauperis and has sufficient funds to pay the statutorily required costs, "the prisoner shall be ordered to pay the required costs before the action may commence."” (¶ 6)
“Additionally, the Department shall pay to a court, without a specific order from a court directing payment, the statutory cost deposit upon a prisoner's request for payment of the deposit to a court if the prisoner has the amount of the statutory costs in his mandatory savings account.” (¶ 6)
Factual background
The petitioner was incarcerated in the custody of the Oklahoma Department of Corrections and sought review of Department procedures relating to grievances about his medical care. His affidavit showed a balance of $1,974.78 in a mandatory savings account. The statutory cost deposit for filing in the Oklahoma Supreme Court was $200.
Procedural history
The petitioner filed an original proceeding in the Oklahoma Supreme Court and submitted an affidavit seeking in forma pauperis status. The Department argued that the Court should not assume original jurisdiction and that the action should be dismissed for failure to pay costs. The Court determined that the petitioner had sufficient funds in his mandatory savings account, ordered him to pay the $200 cost deposit or show cause, and directed the Department to pay the deposit from the account upon the petitioner's request if sufficient funds remained.