99
Submitted February 7, 2020, affirmed August 18, 2021
LOUIS SAMUEL BOARDMAN,
Plaintiff-Appellant,
v.
John and Jane DOES 1 - 8,
Sgt. Clayton, Cpt. D. Heehn, and
Oregon Department of Corrections,
Defendants-Respondents.
Umatilla County Circuit Court
19CV38607; A172241
Eva J. Temple, Judge.
Louis Samuel Boardman filed the brief for appellant
pro se.
Jona J. Maukonen, Assistant Attorney General, waived
appearance for respondents.
Before Armstrong, Presiding Judge, and Tookey, Judge, and
Aoyagi, Judge.
PER CURIAM
Affirmed.
100 Boardman v. Does 1-8
PER CURIAM
Plaintiff, an adult in custody at Two Rivers
Correctional Institution, brought a civil action against the
Department of Corrections, two corrections officers, and
unnamed defendants and applied for waiver or deferral
of filing fees. The trial court entered a limited judgment
against plaintiff, ordering deferral of the filing fees and that
the filing fees will be drawn from plaintiff’s correctional-facility trust account. See ORS 30.643(3) (providing that a
court may waive the fees and court costs of the adult in custody, who seeks a civil action against a public body, only if
the court determines that the adult in custody has no funds
and will not have funds after reviewing deposits in the plaintiff’s correctional-facility trust account). Plaintiff appeals
the limited judgment, arguing that the trial court abused
its discretion and legally erred when it denied waiver of the
filing fees without holding a hearing to determine if plaintiff had the ability to pay them. On this day, we rejected a
similar argument in Smith v. Dept. of Corrections (A170818),
