SMITH (LESLIE) VS. DOOM (NANCY), ET AL.
Annotate this Case
Download PDF
RENDERED: MAY 27, 2011; 10:00 A.M.
NOT TO BE PUBLISHED
OPINION OF FEBRUARY 11, 2011, WITHDRAWN
Commonwealth of Kentucky
Court of Appeals
NO. 2010-CA-001071-MR
LESLIE SMITH
v.
APPELLANT
APPEAL FROM MUHLENBERG CIRCUIT COURT
HONORABLE BRIAN WIGGINS, JUDGE
ACTION NO. 10-CI-00190
NANCY DOOM, WARDEN,
GREEN RIVER CORRECTIONAL
COMPLEX; SGT. BILLY HERRIN,
ADJUSTMENT OFFICER; AND DEBRA
BANKS, INTERNAL AFFAIRS,
GREEN RIVER CORRECTIONAL
COMPLEX
APPELLEES
OPINION
AFFIRMING
** ** ** ** **
BEFORE: NICKELL AND VANMETER, JUDGES; SHAKE,1 SENIOR JUDGE.
1
Senior Judge Ann O’Malley Shake sitting as Special Judge by assignment of the Chief Justice
pursuant to Section 110(5)(b) of the Kentucky Constitution and Kentucky Revised Statutes
(KRS) 21.580.
VANMETER, JUDGE: Leslie Smith appeals pro se from an order of the
Muhlenberg Circuit Court dismissing his action for failure to comply with KRS
454.410. For the following reasons, we affirm.
Smith is an inmate at Green River Correctional Complex. On March 18,
2010, he filed a petition with the Muhlenberg Circuit Court seeking a declaration
of rights relating to a prison disciplinary action and to proceed in forma pauperis.
By order dated March 19, 2010, the trial court found that Smith had failed to
comply with KRS 454.410(1) and (2); Smith failed to include a copy of his prison
account statement and failed to pay requisite court costs. The court redocketed the
matter for May 10, 2010, noting that his petition would be dismissed at that time if
Smith failed to comply with KRS 454.410.
Smith filed another motion to proceed in forma pauperis on April 13, 2010,
this time attaching to his motion a certified copy of his prison account statement, as
required under KRS 454.410(1). The account statement showed a balance of
$13.45. By order entered May 11, 2010, the trial court dismissed Smith’s petition
for failure to comply with KRS 454.410(1) and (2). Smith moved for
reconsideration, which the court denied.
On May 20, 2010, Smith filed a third motion to proceed in forma pauperis,
attaching to his motion the same prison account statement showing a balance of
$13.45. By amended order dated May 26, 2010, the trial court noted that Smith did
in fact comply with KRS 454.410(1), but that its previous order dismissing the
-2-
action remained in full force and effect since Smith failed to pay the requisite filing
fee under KRS 454.410(2). Smith appealed that order, and this court affirmed on
the basis that the record did not show that Smith had exhausted his administrative
remedies pursuant to KRS 454.415. Smith filed a petition for reconsideration,
submitting evidence that he did in fact exhaust his administrative remedies. This
court granted his petition for reconsideration.
On appeal, Smith claims that during his prison disciplinary action, he was
denied his due process rights, the evidence was unreliable and insufficient to
support a conviction, and prison authorities failed to establish a proper chain of
custody for the evidence. He requests that his disciplinary report be dismissed and
removed from his institutional file.
However, our review of the record reveals that Smith never paid the
requisite filing fee pursuant to KRS 454.410(2), which provides, in part:
When an inmate commences . . . an action . . ., the inmate
shall pay at least partial court fees and costs. At a
minimum, the inmate shall pay a five dollar ($5) filing
fee unless the court determines the inmate is unable to
pay a fee and waives all fees and costs.
Smith’s prison account statement submitted to the trial court showed a
balance of $13.45, enough to satisfy the minimum $5 filing fee under KRS
454.410(2). Further, the record does not show that the trial court at any time
waived the filing fee under KRS 454.410(2). As a result, this action was properly
dismissed.
The order of the Muhlenberg Circuit Court is affirmed.
-3-
ALL CONCUR.
BRIEF FOR APPELLANT:
BRIEF FOR APPELLEE:
Leslie Smith, Pro se
LaGrange, Kentucky
No appellee brief filed.
-4-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.