Boardman v. Does 1-8

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No. 601 August 18, 2021 99 IN THE COURT OF APPEALS OF THE STATE OF OREGON 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. Submitted February 7, 2020. 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 correctionalfacility 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), 314 Or App 1, ___ P3d ___ (2021), and we likewise do so here. Affirmed.

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