In re: Buddhi

Ct. of Appeals denied prisoner’s petition for writ of mandamus seeking to direct Dist. Ct. to rescind order requiring that money in his prison trust account be applied to both his Dist. Ct. filing fee, as well as unpaid balance of special assessment that was previously imposed as part of defendant’s sentence. Dist. Ct. order directing payment of unpaid filing fee from defendant’s prison account was proper under Lucien, 141 F3d 773. However, Dist. Ct. lacked authority to direct payment of special assessment where defendant had previously made arrangements with prison officials to pay said assessment via installment payments. Ct. further noted that issue regarding defendant’s ability to pay filing fee was now moot where Ct. had simultaneously affirmed defendant’s appeal of his sentence.