Thomas v. Butts

Dist. Ct. erred in dismissing without prejudice plaintiff-prisoner’s section 1983 action alleging that defendants-prison officials were deliberately indifferent with respect to treatment of his epilepsy, where basis for dismissal was plaintiff’s failure to pay $8.40 initial partial filing fee. While Dist. Ct. did not abuse its discretion is setting initial partial filing fee at $8.40, even though plaintiff’s prison account contained only $.02 at time said fee was established, remand was required because Dist. Ct. had failed to determine whether plaintiff was at fault for not paying said fee.