Samonte v. Frank

• Decision Date: 27 September 2007
• Docket Number: Civ. No. 05-00507 HG-KSC.
• Citation: 517 F.Supp.2d 1238
• Parties: Lael SAMONTE, Plaintiff, v. Clayton FRANK, et al., Defendants.
• Court: U.S. District Court — District of Hawaii

517 F.Supp.2d 1238

Lael SAMONTE, Plaintiff, v. Clayton FRANK, et al., Defendants.

Civ. No. 05-00507 HG-KSC.

United States District Court, D. Hawai`i.

September 27, 2007.

As Amended October 30, 2007.

Lael Samonte, Eloy, AZ, pro se.

Miriam P. Loui, Attorney General of Hawaii, Honolulu, HI, for Defendants.

ORDER DENYING MOTION TO CORRECT FILING FEES

HELEN GILLMOR, Chief District Judge.

Pro se Plaintiff Lael Samonte has filed a Motion to Correct Filing Fees. Samonte protests the manner in which prison officials are now garnishing funds in his prison on trust account to satisfy court orders granting Samonte in forma pauperis ("IFP") status and directing collection and payment of filing fees when funds are available in several of his prisoner civil rights actions.¹ See 28 U.S.C. § 1915(b). Samonte asks that the funds be withdrawn sequentially, rather than simultaneously, so that he may retain some of his funds for commissary and other purchases.

For the following reasons, Samonte's Motion to Correct Filing Fees is DENIED.

I. Legal Standard

Section 1915(b)(1) of the PLRA provides:

[I]f a prisoner brings a civil action or files an appeal in forma pauperis, the prisoner shall be required to pay the full amount of a filing fee. The court shall assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent 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. § 1915(b)(1) (2000). Samonte is specifically challenging the Hawaii Department of Public Safety's interpretation of § 1915(b)(2), which provides:

After payment of the initial partial filing fee, the prisoner shall be required to make monthly payments of 20 percent of the preceding month's income credited to the prisoner's account. The agency having custody of the prisoner shall forward payments from the prisoner's account to the clerk of the court each time the amount in the account exceeds $10 until the filing fees are paid.

28 U.S.C. § 1915(b)(2) (2000). The Department of Public Safety has recently begun simultaneously withdrawing twenty percent of Samonte's monthly income for each of his outstanding fee obligations.

II. BACKGROUND

Samonte is no stranger to this court. Since the Prison Litigation Reform Act of 1995 ("PLRA") was enacted he has filed nine prisoner civil rights actions in this court which were subject to its filing fee payment requirements, as well as several habeas petitions.² Although Samonte states that he has "incurred five or six filing fees in five or six different lawsuits," he actually has outstanding fee liabilities in eight actions. In two of these suits Samonte paid the filing fee either when he commenced his action or after his IFP request was denied. See Samonte v. Bauman, Civ. NO. 05-700309 HG, 2006 WL 2092384 (D.Hawai`i July 26, 2006) (partial fee of $150 paid on May 6, 2005, balance paid on May 16, 2005, appealed, no payment made on appeal); Samonte v. Lau, et al., Civ. No. 98-00582 SOM (IFP denied Jul. 23, 1998, $150 filing fee paid Aug. 6, 1998, no appeal).

In his remaining cases, and when his cases have incurred appellate filing fees, however, Samonte's payment history has been less diligent. The following is a summary of payments received by the court in Samonte's actions:

1. Samonte v. Sakai, et al., Civ. No. 02-00626 DAE: Samonte neither sought IFP nor paid the $150 filing fee for this action. He voluntarily dismissed the case on Jan. 3, 2003, without any payment received by the court. Although Samonte owes $150 in this action, he has never been ordered to pay this amount.

2. Samonte v. Bauman, et al., Civ. No. 05-00309 HG: Samonte did not seek IFP; he paid $150 on May 6, 2005, and $105 on May 16, 2005, for an overpayment of $5. Samonte was granted IFP on appeal and ordered to pay the $455 appellate filing fee, which he has not done, to date. Samonte therefore owes $450 in this action.

3. Samonte v. Sumner, et al., Civ. No. 05-00353 SOM: Samonte paid $150 on Jul. 8, 2005, and $250 on Aug. 5, 2005, for a total payment of $400 (overpayment of $150). Samonte appealed on Mar. 1, 2007; the appeal was dismissed for failure to prosecute and this court has no record that the Court of Appeals ever ordered payment of the $455 appellate filing fee, although payment is normally required to commence an appeal. It is therefore unclear whether Samonte owes money in this case.

4. Samonte v. Frank, et al., Civ. No. 05-00507 HG: IFP was granted on Oct. 17, 2005. A first payment of $30 was received on Aug. 20, 2007. Samonte appealed and requested IFP on appeal. The appeal was dismissed on Aug. 2, 2007 for Samonte's failure to pay the $455 filing fee. Samonte owes $220 for his district court filing fees and $455 for his appellate fee in this case.

5. Samonte v. Maglinti, et al., Civ. No. 05-00598 SOM: IFP was granted on Sep. 26, 2005. On Nov. 11, 2005, the court received $34.92, on Nov. 14, 2005, the court received $180.16, and on Aug. 20, 2007, the court received $30, for a total payment of $245.08. Samonte did not appeal. Samonte owes $4.82.

6. Samonte v. Ahn, et al., Civ. No. 06-00122 HG: IFP was granted on Mar. 1, 2006, for the $250 filing fee. No payments have been received to date. Samonte did not appeal. Samonte owes $250 in this action.

7. Samonte v. Beaver, et al., Civ. No. 06-00257 JMS: IFP was granted on May 16, 2006, for the $350 filing fee. On Jul. 23, 2007, the court received $10, and on Aug. 20, 2007, the court received $24, for a total payment of S34. Samonte did not appeal. Samonte owes $316 in this case.

8. Samonte v. Ancheta, Civ. No. 06-00282 DAE: IFP was granted May 26, 2006, $350 owed. Samonte appealed and was informed $455 would be due. On Jul. 23, 2007, the court received $10. On Nov. 24, 2006, the appeal was dismissed for Samonte's failure to pay the appellate filing fee. Samonte therefore owes $340 for district court filing fees and $455 for appellate fees.

Deducting the amount that Samonte has overpaid ($155) from the amounts owed, and liberally forgiving those fees in cases where it appears that, although Samonte was required to pay, he was never explicitly ordered to do so, it appears that Samonte owes $975.82 in district court filing fees and $1365 in appellate court fees, for a total of $2340.82.

III. DISCUSSION

Samonte states that he is unable to make any commissary purchases because his prison trust account has been frozen to pay his outstanding filing fee balances. In a question of first impression in this district, Samonte argues that his fees should be deducted sequentially, case-by-case, rather than simultaneously for his outstanding obligations in all of his cases, as the Department of Public Safety has elected to do. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir.1997).

In support of his Motion, Samonte cites a Second Circuit appellate ruling, wherein the court found that prisoner payments for multiple filing fee obligations should be deducted sequentially by case rather than simultaneously for all outstanding fee obligations. See Whitfield v. Scully, 241 F.3d 264, 277 (2d Cir.2001). There is a split of authority in the circuit courts regarding this issue, although the Ninth Circuit Court of Appeals has not yet ruled on this issue.

In Whitfield, the Second Circuit determined that under § 1915(b)(2), filing fees should be collected sequentially by case, collecting all fees in the case, before moving on to the next cases's assessed filing fees. This system prohibits the prison from assessing more than 20 percent of an indigent prisoner's monthly income, regardless of the number of lawsuits that the inmate has filed. See Whitfield, 241 F.3d at 277. When an inmate has filed several actions, the Whitfield court decided that each filing fee should be fully-satisfied in sequence in the order it was incurred. In reaching this result, the Second Circuit reasoned that "the simultaneous collection of multiple encumbrances could potentially expose 100 percent of a prisoner's income to recoupment." Id. at 276. The Second Circuit was concerned that such a result could "pose a serious constitutional quandary as to whether an unreasonable burden has been placed on the prisoner's right of meaningful access to the courts." Id. at 277. Stating that a court should "avoid an interpretation of a federal statute that engenders constitutional issues if a reasonable alternative interpretation poses no constitutional question," Whitfield held that under § 1915(b)(2), filing fees should be paid sequentially at a constant rate of 20 percent of the prisoner's income. Id. (allowing, however, 40 percent of an inmate's income to be collected when also assessing costs in the same action against the inmate under § 1915(f)); see also Lafauci v. Cunningham, 139 F.Supp.2d 144, 147 (D.Mass.2001) (finding that simultaneous collection of filing fees raises serious constitutional concerns because "an inmate owing five or more fees would have no income for postage, copying paper, envelopes, writing utensils, etc.").

Several circuits addressing this question have reached a different conclusion. In Newlin v. Helman, the Seventh Circuit considered a case where the prisoner protested simultaneous orders to pay both his outstanding district court filing fee and his appellate court filing fee. 123 F.3d 429 (7th Cir.1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir.2000). Reasoning that, just as a complaint and an appeal can produce two strikes against one prisoner for one case, so too should the district and appellate fees aggregate for payment purposes in one case. "Otherwise a prisoner could file multiple suits for the price of one, postponing payment of the fees for later-filed suits until after the end of imprisonment (and...