Leonard Thomas v. Keith Butts
2014 U.S. App. LEXIS 4756
| 7th Cir. | 2014Background
- Thomas, an Indiana prisoner, sued Pendleton Correctional Facility officials under 42 U.S.C. § 1983 for deliberate indifference to epilepsy.
- District court dismissed without prejudice after Thomas failed to pay the initial partial filing fee under 28 U.S.C. § 1915(b)(1).
- Thomas moved to proceed in forma pauperis; submitted a transaction record showing $0.02 balance and a certificate claiming $43.50 average monthly balance; court assessed $8.40 initial fee under PLRA.
- Dismissal followed the payment deadline passing, with Thomas arguing no funds due to prison deductions for copying; he challenged the dismissal and awaited appeal rights.
- Thomas filed a notice of appeal after the court extended the deadline due to lack of law-library access and mail issues; the extension was granted and timely appeal followed.
- The court ultimately vacated the dismissal and remanded for consideration of whether Thomas was at fault for nonpayment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal without prejudice is appealable in this context. | Thomas. | Thomas' dismissal remains non-final. | Appeal jurisdiction exists; dismissal deemed conclusive for timeliness. |
| Whether the initial partial filing fee was properly calculated under §1915(b)(1). | Thomas argues certificate misstates funds. | Court properly calculated—20% of average balance/deposit. | Initial fee properly assessed. |
| Whether the district court abused its discretion by dismissing before assessing fault for nonpayment. | Thomas had no funds; dismissal premature. | Dismissal appropriate absent fault inquiry. | District court abused discretion; remand for fault determination. |
| Whether the district court should have issued a show-cause or lesser sanction before dismissal. | Show-cause warranted to determine nonpayment. | Dismissal without warning acceptable. | Remand to determine at-fault nonpayment is required. |
Key Cases Cited
- Minn. Life Ins. Co. v. Kagan, 724 F.3d 843 (7th Cir. 2013) (jurisdictional considerations for appeals after dismissal)
- Schering-Plough Healthcare Prods., Inc. v. Schwarz Pharma, Inc., 586 F.3d 500 (7th Cir. 2009) (concerning dismissal conduct and jurisdiction)
- Wilson v. Sargent, 313 F.3d 1315 (11th Cir. 2002) (requirement to consider prisoner’s fault before dismissal)
- Beyer v. Cormier, 235 F.3d 1039 (7th Cir. 2000) (dismissal rules when lack of funds; potential vacatur for nonpayment)
- Hatchet v. Nettles, 201 F.3d 651 (5th Cir. 2000) (courts should assess prisoner’s compliance before dismissal)
- Taylor v. Delatoore, 281 F.3d 844 (9th Cir. 2002) (vacating dismissal when prisoner lacks funds to pay initial fee)
- Abuelyaman v. Illinois State Univ., 667 F.3d 800 (7th Cir. 2011) (timeliness extensions for pro se prisoners)
- Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014 (7th Cir. 2013) (limitations and dismissal considerations in §1915 cases)