Court: Louisiana Court of Appeal; August 10, 2016; Louisiana; State Appellate Court
The court affirmed the trial court's dismissal of Harold Joe Black's petition for damages as abandoned due to his failure to pay court costs within three years, as mandated by La. R.S. 15:1186(B)(2)(c). Black, a prisoner at David Wade Correctional Center, claimed he developed pancreatic cancer from secondhand smoke exposure and filed his petition on November 23, 2011, along with a request for a writ of mandamus to access funds from his prison account to cover court costs. The trial court did not act on the writ request but allowed Black to proceed in forma pauperis, imposing a stay on proceedings until costs were paid. After Black's release in May 2013, he did not pay the required costs until January 2015. Consequently, the defendants moved for dismissal due to abandonment, which the court granted after a hearing on June 4, 2015. Black's appeal argued that the trial court erred by not issuing the writ of mandamus, which he claimed would have enabled him to pay the costs. However, the state emphasized that the statute requires prisoners to pay their court costs, either in full or in installments, and the automatic stay remains in effect until payment is completed. The trial court's application of La. R.S. 15:1186 was deemed correct, reinforcing the requirement for compliance with the Prison Litigation Reform Act.
La. R.S. 15:1186(B)(2)(c) mandates that if a prisoner does not pay full court costs or fees within three years of incurrence, the suit is abandoned and dismissed without prejudice. This dismissal can occur without a formal order, but the court may enter an order upon motion supported by an affidavit confirming non-payment. In this case, the trial court correctly dismissed the suit for abandonment, as the plaintiff, Black, was granted in forma pauperis status on November 28, 2011, but failed to pay court fees until January 2015, despite being released from prison in May 2013. The statute promotes state interests by discouraging meritless lawsuits and requiring indigent prisoners to consider litigation costs. While prisoners possess a constitutional right to access courts, this right is not absolute, allowing reasonable restrictions like the fee payment requirement. Black argued the trial court should have ordered prison officials to pay the fees; however, he had other options, such as filing a mandamus or seeking supervisory review, and had ample opportunity to make payments himself. Consequently, the court affirmed the dismissal due to abandonment, with all costs to be borne by Black.
