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BARBER v. STATE, DEPT. OF CORRECTIONS

Nos. S-14475, S-14504.

314 P.3d 58 (2013)

James E. BARBER, Appellant, v. STATE of Alaska, DEPARTMENT OF CORRECTIONS, Appellee.

Supreme Court of Alaska.

December 6, 2013.

Attorney(s) appearing for the Case

James E. Barber, pro se, Juneau, Appellant.

Nancy R. Simel , Assistant Attorney General, Office of Special Prosecutions & Appeals, Anchorage, and Michael C. Geraghty , Attorney General, Juneau, for Appellee.

Cynthia L. Strout , Law Offices of Cynthia L. Strout, and Wallace H. Tetlow , Tetlow Christie, LLC, Anchorage, for Amicus Curiae Alaska Association of Criminal Defense Lawyers.

Before: FABE, Chief Justice, WINFREE, STOWERS, MAASSEN, and BOLGER, Justices.

OPINION

WINFREE, Justice.

I. INTRODUCTION

An indigent prisoner appealed two prison disciplinary actions to the superior court. For each appeal the superior court calculated a reduced filing fee pursuant to AS 09.19.010.1 The prisoner failed to pay the filing fees and his appeals were dismissed.

The prisoner contends that he had no means of paying even the reduced filing fees and argues that the fee statute...

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