Cepulonis v. Superintendent, Massachusetts Correctional Institution, Cedar Junction
Cepulonis v. Superintendent, Massachusetts Correctional Institution, Cedar Junction
Opinion of the Court
Richard Cepulonis, an inmate within the custody of the Department of Correction (department), appeals pro se from a judgment of the Superior Court dismissing, without prejudice, his complaint against the Superintendent of the Massachusetts Correctional Institution at Cedar Junction (superintendent) and the Commissioner of Correction for failure to pay a reduced filing fee of twenty-five dollars. We affirm.
The statement of Cepulonis’s accounts showed a balance of $123.61 in his personal account and $106.00 in his savings account. However, those accounts had been frozen since September, 1998, to collect $9,762.80 in restitution owed for a disciplinary infraction, namely his escape from a correctional institution. See Cepulonis v. Commonwealth, 426 Mass. 1010, 1010 (1998). Nevertheless, the judge ordered Cepulonis to pay a reduced filing fee of twenty-five dollars by June 6, 2003, or his action would be dismissed. Cepulonis’s request for an indigency hearing was denied. On July 8, 2003, the judge dismissed Cepulonis’s complaint for failure to comply with her order, and this appeal ensued.
2. Payment of reduced filing fee. Cepulonis contends that the judge erred and abused her discretion in concluding that he could pay a twenty-five dollar filing fee without depriving himself of the necessities of life when, in fact, he had no access to any funds because his prison accounts had been frozen to pay his restitution. For this reason, Cepulonis argues, the judge should have waived the filing fee entirely. We disagree.
“Requiring litigants to pay a reasonably reduced filing fee, set within their limited financial means, serves the important dual purpose of providing equal access to the courts while simultaneously screening out frivolous claims.” Underwood v. Appeals Court, 427 Mass. 1012, 1013 (1998). The requirement and its underlying purposes apply with equal force to all litigants, including prisoners. However, in the case of prisoners,whose daily needs for food and shelter are largely met during confinement, special circumstances attend the determination of the ability to pay a reasonably reduced filing fee. In recognition of these circumstances, the Legislature has provided that when
Nothing in the record shows that Cepulonis forwarded to the superintendent a copy of the judge’s order requiring him to pay a twenty-five dollar filing fee, or that he made a written request to have such amount deducted from his account and paid to the court as mandated by § 29(d)(3).
Cepulonis argues that because his prison accounts had been frozen, he was not able to access this money and, therefore, could not pay any filing fee. In support of his argument, Cepulonis points to 103 Code Mass. Regs. § 405.17(4) (1999), which states that “the Superintendent may order the impoundment of the inmate’s accounts for the remaining amount of restitution owed. . . . During the period of impoundment, no account funds may be expended by the inmate” (emphasis added).
3. Indigency hearing. Cepulonis further asserts that the judge erred in denying his request for a hearing to determine his indigency. See Morales v. Appeals Court, 427 Mass. 1009, 1011 (1998). We disagree.
Here, the relevant statutory provision is G. L. c. 261, § 29, promulgated in 1999, which specifically applies to an inmate who has filed an affidavit of indigency. That statute does not mandate a hearing on the inmate’s claim of indigency. Rather, G. L. c. 261, § 29(e), provides that “[t]he court. . . may conduct a hearing on the inmate’s claim of indigency either before or after service of process and may dismiss a claim or action if the court finds that the allegation of indigency is untrue” (emphasis added). While the word “shall” is one of command, the word “may” is one of permission, and it does not impose an obligation but simply authorizes an act. See School Comm. of Greenfield v. Greenfield Educ. Assn., 385 Mass. 70, 81 (1982); School Comm. of Newton v. Newton Sch. Custodians Assn., Local 454, SEIU, 438 Mass. 739, 750 (2003).
After Cepulonis filed his affidavit of indigency and request for a hearing, he was conditionally allowed to proceed in forma pauperis until the department produced a statement of his inmate
In support of his contention that the judge was required to conduct a hearing, Cepulonis erroneously relies on G. L. c. 261, § 27C(3). Promulgated in 1974, that statute applies, generally, to any party who has filed an affidavit of indigency and mandates a hearing before the judge makes a finding that the affiant is not indigent.
In sum, Cepulonis was not entitled to a hearing on his request for waiver of costs and fees, and his complaint was dismissed not because the judge made an erroneous determination as to
Judgment affirmed.
At oral argument Cepulonis conceded that he did not forward a copy of the order to the superintendent or request that payment be made from his accounts.
We note that G. L. c. 261, § 27D, “provides a detailed and professedly exclusive procedure for taking an appeal from the denial of a request for fees and costs made under § 27C.” Commonwealth v. Lockley, 381 Mass. 156, 159 (1980). See Morales v. Appeals Court, 427 Mass. 1009, 1010 (1998). Where an action arises in the Superior Court, “the appeal shall be to a single justice of the appeals court,” and the decision so rendered “shall be final with respect to such request.” G. L. c. 261, § 27D, as appearing in St. 1980, c. 539, § 8. See Hurley v. Superior Ct. Dept, of the Trial Ct., 424 Mass. 1008, 1009 (1997). Notwithstanding Cepulonis’s reliance on G. L. c. 261, § 27C, there is no indication in the record that he filed an appeal with the single justice of this court.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.