2014 COA 3
Colo. Ct. App.2014Background
- Farmer, an inmate, appeals a district court order dismissing his civil complaint for failure to pay the filing fee.
- Complaint alleged excessive force by unnamed prison employees; named CDOC Executive Director Clements and warden Trani as defendants.
- Farmer sought in forma pauperis status but did not complete the required paperwork.
- District court denied in forma pauperis status due to three prior dismissals for frivolous/motion state grounds or immunity issues and ordered payment of the filing fee within 20 days.
- Farmer moved for reconsideration with three arguments; district court denied and dismissed the case for nonpayment.
- Court affirms the dismissal and upholds application of section 18-17.5-102.7.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 18-17.5-102.7 violates access to courts. | Farmer argues the statute violates access to the courts. | Defendant contends the statute is constitutional and does not deny access to courts. | § 18-17.5-102.7 does not violate access to the courts. |
| Whether the prior three dismissals qualify under § 18-17.5-102.7. | Farmer argues dismissals did not qualify as grounds under § 18-17.5-102.7. | Defendant contends each dismissal qualifies as a strike under the statute. | Each prior dismissal qualifies as a § 18-17.5-102.7 dismissal. |
| Whether Farmer may collaterally attack prior dismissals to avoid § 18-17.5-102.7. | Farmer claims he should collaterally attack prior dismissals to avoid the statute. | Defendant argues collateral attacks are not permitted; direct appeal is the proper remedy. | Collateral attacks are not allowed; direct appeal is required. |
Key Cases Cited
- Bounds v. Smith, 430 U.S. 817 (U.S. 1977) (right to access to courts and deep analysis of access rights)
- Kras, 409 U.S. 434 (U.S. 1973) (filing fee considerations for indigent litigants)
- White v. Colorado, 157 F.3d 1226 (10th Cir. 1998) (access-to-courts considerations for inmate filings)
- Rivera v. Allin, 144 F.3d 719 (11th Cir. 1998) (analysis of access rights and filing fees)
- Rodriguez v. Cook, 169 F.3d 1176 (9th Cir. 1999) (federal § 1915(g) guidance informing Colorado statute)
- Pointer v. Wilkinson, 502 F.3d 369 (6th Cir. 2007) (precedent on prior dismissals and § 1915(g) applicability)