Robert S. Crowley v. Joe Schmidt, Sherry Daigle, Dr. Michael Boothe, and Joe D. Driver; Robert S. Crowley v. Dr. Michael Boothe and Laura M. Brooks

Summary

The United States District Court for the District of Alaska denied Robert S. Crowley’s motions seeking refunds of filing fees in two 42 U.S.C. § 1983 actions. The court held that filing-fee payments under the Prison Litigation Reform Act must continue under 28 U.S.C. § 1915(b)(2), based on income credited to the prisoner’s account regardless of the source of the funds, and ordered the Alaska Department of Corrections to resume collections. The order superseded prior orders concerning payment of the filing fees in the two cases.

Holdings

1. Under 28 U.S.C. § 1915(b)(2), monthly filing-fee payments are calculated from income credited to the prisoner's account without regard to the source of the funds; family gifts, outside deposits, and other money credited to the account may therefore be collected.
2. Crowley was not entitled to a refund because the filing-fee collections were authorized by the PLRA and the court found no order requiring the Department of Corrections to defer collection until after his release.
3. Any prior order in either action that required a different treatment of collectible funds was vacated, and the new order superseded all other orders regarding payment of the filing fees.

Questions Presented

1. Whether the PLRA permits collection of filing-fee payments from all funds credited to a prisoner's account, including family gifts and other outside deposits.
2. Whether Crowley was entitled to a refund of filing-fee payments collected in his two actions.
3. Whether inconsistent prior orders concerning the source of collectible funds should remain in effect.

Disposition

other