Lebron v. Armstrong.

U.S. District Court

INDIGENT INMATES

POSTAGE

LEGAL MATERIALS

Lebron v. Armstrong, 289 F.Supp.2d 56 (D.Conn. 2003). A state inmate petitioned pro se for a writ of mandamus to require state corrections officials to provide him, and all other inmates, with legal materials on request. The district court decided that the petition would be construed as a motion for a preliminary injunction. The court held that the inmate had no authority to appear in federal court as an attorney for other inmates, and that the inmate failed to state a claim for violation of his constitutional right of access to the courts. The court found that the delay in the inmate's obtaining of paper, envelopes and copies of legal documents, was not a violation of his rights, and denied the petition for a preliminary injunction. The court noted that the inmate's right of access to the courts did not encompass a right to an immediate and unlimited supply of pre-paid envelopes and other supplies, without any requirement that he balance his need for these items against other commissary purchases when determining how to spend his available funds. The inmate had challenged an indigency policy that requires an inmate to have less than $5.00 in his inmate account for ninety days before being considered indigent, and thereby receive free mailing services. (Connecticut Department of Correction)