Handy v. Warden

Background

Michael Dwayne Handy, a state prisoner housed at Kern Valley State Prison, filed a petition seeking relief under either 28 U.S.C. § 2254 or § 2241. The court had previously informed him that the action was deficient because he had neither paid the $5 filing fee nor filed an application to proceed without paying the fee.

Handy objected to the filing-fee requirement. He argued that the Prison Litigation Reform Act did not apply to petitions under §§ 2241, 2254, and 2255 because they are not civil actions under that law. He also argued that the First Amendment right to petition the government prevents the government from charging a filing fee.

Court’s analysis

The court rejected Handy’s argument that he was not required to pay a filing fee. It explained that 28 U.S.C. § 1914 requires parties filing a petition for relief from imprisonment to pay a $5 fee, unless they qualify to proceed without paying it under 28 U.S.C. § 1915(a). The court also stated that § 1915(b), which requires prisoners proceeding without prepaying fees in covered civil actions to pay the full fee over time, does not apply to these petitions. That means that if Handy is allowed to proceed without paying the fee, he need not pay the $5 fee; it does not eliminate the initial fee requirement for everyone.

Ruling and effect

The court granted Handy an extension of time to February 16, 2024, to either pay the $5 filing fee or file an application to proceed without paying it. The court stated that failing to meet the deadline would result in dismissal of the action without prejudice for failure to pay the filing fee, without further notice. The order did not decide the substance of Handy’s petition.

Disposition

The court granted an extension of time to pay the filing fee or file an application to proceed without paying it.