Torres v. Department of Corrections
Annotate this CasePlaintiff, an inmate, filed a petition for judicial review of a Department of Corrections' decision finding him guilty of the disciplinary offense of tattooing. The superior court dismissed Plaintiff’s petition for failure to pay the initial partial filing fee. Plaintiff’s appealed, arguing that because he had no funds with which to pay the initial partial filing fee, the court abused its discretion in dismissing the action for failure to prosecute. The Supreme Judicial Court vacated the order dismissing the petition, holding that the court abused its discretion by dismissing the case without making a finding as to Plaintiff’s ability to pay. Remanded.
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