Johnson v. Clerk, Wise County Circuit Court (ORDER)

Syllabus

08/15/2024 A mandamus petition by an inmate is dismissed in part and granted in part. The writ does not lie against a circuit court clerk because petitioner's money orders were insufficient to pay the filing fees and the clerk had no duty to file his pleading, see Code § 17.1-275(A)(13). In his second claim, petitioner alleges he mailed to the General District Court a motion for judgment seeking money damages and an affidavit in forma pauperis affirming eligibility for IFP status, attaching an inmate trust account statement for a two-month period. Under the facts and circumstances of this case, the clerk had a ministerial duty to file his pleading, without passing judgment on their validity, under Code § 16.1-86. While Code § 8.01-691 requires a prisoner seeking IFP status to provide the court with a certified copy of his inmate trust account for the preceding 12 months, it does not require submission of the account statement at the time of filing or otherwise provide that tendered action will not be filed without the trust account statement. Accordingly, the clerk had a ministerial duty to file petitioner's motion for judgment when tendered. Petitioner shall return his motion for judgment and IFP application to the court (if they were returned to him), and a writ of mandamus is issued directing the clerk to receive and immediately file the action. The Clerk of this Court shall certify copies of this order which shall have the same force and effect as if a writ of mandamus were formally issued and served.