Biron v. Carvajal

Background

Lisa A. Biron applied to proceed without paying the full appellate filing fee at the start of her appeal. The court stated that although it believed its September 16, 2021 order was correct, Biron’s appeal was not frivolous, meaning it had an arguable basis in law or fact. The court also found that no statute or other circumstance barred Biron from proceeding under this payment arrangement.

Legal standard

The Prison Litigation Reform Act requires an incarcerated person who receives permission to proceed without paying the full fee upfront to pay the entire filing fee in installments. The law requires an initial partial fee and then monthly payments of 20 percent of the preceding month’s income credited to the person’s prison account. Prison officials must forward those payments when the account balance exceeds $10, until the filing fee is paid. The law also provides that a person cannot be barred from filing solely because she lacks money to pay the initial fee.

Court’s calculation and ruling

The court relied on information from Biron’s inmate trust account. It stated that her average monthly deposits during the preceding six months were $714.95 and her average monthly balance was $1,108.42. The court then stated that, because the average balance exceeded the average deposits, the initial partial filing fee was 20 percent of the average monthly deposits, or $221.68. The order granted Biron’s application to proceed without paying the full appellate fee upfront, subject to the statute; required the $221.68 initial partial fee immediately; and ordered Biron to pay the remaining $283.32 of the $505 appellate filing fee through account deductions. The Clerk of Court was directed to notify officials at the institution where Biron is confined.