The Prisoner Litigation Act ("PLA"), codified at Md. Code
Ann., Cts. & Jud. Proc. § 5-1002(c), provides in pertinent part:
A court may waive payment of the entire required filing
fee for a civil action filed by a prisoner only on a written showing under
oath by the prisoner:
(1) the prisoner is indigent;
(2) the issue presented is of serious concern;
(3) delay in the consideration of the issues presented will prejudice the
consideration of the claim;
(4) the prisoner is not likely to accumulate sufficient funds to pay the
required filing fee within a reasonable period of time; and
(5) the prisoner possesses a reasonable likelihood of success on the merits
of the claim.
Williams was transferred from the Eastern Correctional
Institution to the Maryland Correctional Institution in Hagerstown. In 2009,
Williams filed a challenge to the transfer with the Maryland Division of
Corrections. In support of his request, Williams alleged that he had known
and unknown enemies in the Hagerstown facility stemming from his cooperation
and participation in a murder investigation conducted in Baltimore City. He
further alleged that the Correctional Institution Administration had
knowledge of those enemies. Williams requested that he be transferred back
to the Eastern Correctional Institution.
The warden denied Williams' request stating that there
were insufficient details provided to determine the basis for an
investigation. Williams was instructed to resubmit his request by a later
date and provide the names of known enemies for verification.
William declined to resubmit his request opting to
appeal the warden's decision to the Commissioner of Corrections. The
Commissioner denied Williams' appeal for failure to follow the warden's
instructions of resubmittal of the request. Williams' subsequent
administrative appeals also failed for similar reasons.
On July 24, 2009, Williams sought judicial review of
the decision in Circuit Court for Washington County. He also sought a waiver
of pre-payment of the filing fee. In support of the request for fee waiver,
Williams stated that he was incarcerated, had no money, and earned
approximately $21.50 per month, which was spent on necessities including
soap, detergent and toiletries.
The Circuit Court denied Williams' request for waiver
of the filing fee. The Court stated that the "entire filing fee may not be
waived unless, from information provided, the Court finds that the inmate is
indigent, not likely to accumulate sufficient funds to pay the filing fee
within a reasonable period to time and possesses a reasonable likelihood of
success on the issues of serous concern." The Court did, however, reduce the
amount of his filing fee to $30.00, pursuant Md. Code Ann., Cts. & Jud.
Proc. § 5-1002(b).
Williams appealed the decision to the Court of Special
Appeals arguing that the trial court abused its discretion in denying his
request for waived filing fee. The Court of Special Appeals affirmed the
trial court explaining that Williams did not elaborate on his reasons for
the alleged retaliation against him. Specifically, the intermediate
appellate court failed to find that there would be prejudice as a result of
the delay in considering issues presented in the underlying claim. The
record was devoid of any reason to support this prong of the test.
It was not enough to show that the Petitioner may be
indigent. Williams had to demonstrate a likelihood of success on the claim,
as well as an ability to accumulate sufficient funds to pay the required
filing fee. Without such showing, the trial court was correct in denying
Petitioner's request for a waiver of the filing fee.
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