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Boofer v. Lotz

Order denying motion for cessation of deductions from inmate account reversed because clerk of courts had no legal basis for requesting a deduction from prisoner's earnings to pay unpaid costs, fines and restitution; denial of petition to file nunc pro tunc appeal from first order reversed because there was a breakdown in prison's mail system that made it impossible for prisoner to file timely appeal.

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Submitted: January 7, 2002

Howard Boofer appeals from two orders of the Court of Common Pleas of Butler County (trial court). In the first order, dated November 6, 2000, the trial court granted Boofer’s application to proceed in forma pauperis, denied Boofer’s motion for appointment of counsel and denied Boofer’s request to stop a twenty-percent deduction from his inmate account. In the second order, dated March 20, 2001, the trial court denied Boofer’s petition to file a nunc pro tunc appeal from the first order and to continue in forma pauperis. We reverse.

Boofer is an inmate currently incarcerated at the State Correctional Institution at Albion (SCI/Albion), where he is serving a twenty-two to forty-five year sentence imposed on October 16, 1975. Boofer owes $1,058.87 in unpaid court costs, fees and restitution.

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