King v. Mitchell et al

Filing 43

MEMORANDUM OPINION AND ORDER. Signed by Judge Deborah K. Chasanow on 12/22/2017. (c/m/s 12/22/2017 aos, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
:
ROBERT JOSEPH KING
:
v.

:

Civil Action No. DKC 16-3804

:
DENNIS SCHRADER, et al.
:
MEMORANDUM OPINION & ORDER
Plaintiff Robert Joseph King (“Plaintiff”) filed a motion
to waive the balance of the fees owed to the court.
35).

(ECF No.

Plaintiff is a patient involuntarily committed to the

custody

of

the

Maryland

Department

of

Health

and

currently

hospitalized at Clifton T. Perkins Hospital Center (“Perkins”).
King

v.

Onwuanibe,

No.

(D.Md. Dec. 4, 2017).

DKC-17-1654,

2017

WL

5992188,

at

*1

On November 21, 2016, Plaintiff filed his

initial complaint in this case and a motion for leave to proceed
in forma pauperis.

(ECF Nos. 1; 2).

In the court’s order disposing of Plaintiff’s motion to
proceed in forma pauperis, the court granted Plaintiff’s motion
and required payments pursuant to the Prison Litigation Reform
Act (“PLRA”).

This was an error.

to pay any fees.
U.S.C. § 1915(b)(2).

Plaintiff should not have had

The PLRA only applies to “prisoners.”

28

The PLRA defines “prisoner” as “any person

incarcerated or detained in any facility who is accused of,

convicted
violations

of,

sentenced

of

criminal

for,
law

or

or

adjudicated
the

terms

delinquent

and

for,

conditions

of

parole, probation, pretrial release, or diversionary program.”
28 U.S.C. § 1915(h).
Plaintiff has been civilly committed to Perkins for mental
health reasons and not incarcerated for criminal offenses.

He

is a patient and not a prisoner.

See Defendants’ Memorandum in

Opposition

for

to

Plaintiff’s

Motion

a

Temporary

Restraining

Order at 2, King v. Onwuanibe, No. DKC-17-1654, 2017 WL 5992188,
(D.Md. July 7, 2017) (ECF No. 4).

Therefore, the PLRA fees for

a prisoner filing in forma pauperis do not apply to Plaintiff.
See Michau v. Charleston Cty., 434 F.3d 725, 727-28 (4th Cir.
2006)

(finding

a

person

civilly

committed

under

the

state’s

Sexually Violent Predators Act was not a “prisoner” within the
meaning of the PLRA); Kelly v. Maryland, No. AW-07-2601, 2007 WL
5234145, at *2 n.5 (D.Md. Oct. 16, 2007) (noting that someone
civilly committed to Perkins after a verdict of not guilty by
reason of insanity was not a “prisoner” within the meaning of
the

PLRA).

Accordingly,

the

court

will

order

the

clerk

to

return all the money Plaintiff has already paid and will waive
the remainder of the balance.
For the foregoing reasons, it is this 22nd day of December,
2017, by the United States District Court for the District of
Maryland, ORDERED that:
2

1.

The motion to waive balance filed by Plaintiff Robert

Joseph King (ECF No. 35) BE, and the same hereby IS, GRANTED;
2.

Plaintiff’s balance of $227.96 BE, and the same hereby

IS, WAIVED;
3.

The portion of the Court’s order (ECF No. 3) directing

Plaintiff to make monthly payments BE, and the same hereby IS,
RESCINDED;
4.

The Clerk IS DIRECTED to refund $122.04 to Plaintiff’s

account at Clifton T. Perkins Hospital Center;
5.

The

clerk

will

transmit

a

copy

of

this

Memorandum

Opinion and Order to the clerk for the United States Court of
Appeals for the Fourth Circuit;
6.

The

clerk

will

transmit

copies

of

the

Memorandum

Opinion and Order to Plaintiff and to counsel for Defendant.

/s/
DEBORAH K. CHASANOW
United States District Judge

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