Patkins
Patkins v. Cal. Dept. of Corrections and Rehabilitation CA6
Opinion
Opinion
I. INTRODUCTION
David C. Patkins, a self-represented litigant incarcerated in state prison, filed a petition for a writ of mandate compelling respondent California Department of Corrections (CDCR) to remove mail charges of $32.47 that prison officials had imposed on his inmate trust account when he did not meet the definition of an indigent inmate. The trial court denied writ relief on the ground that the CDCR did not have a ministerial duty to remove the mail charges when Patkins subsequently became indigent. On appeal, Patkins contends that the trial court abused its discretion in ruling that the mail charges should remain an obligation on his trust account until paid because Patkins was not indigent when the charges were incurred. For the reasons stated below, we determine that the trial court did not err and we will affirm the judgment dismissing the petition for writ of mandate.
II. FACTUAL AND PROCEDURAL BACKGROUND
A. Petition for Writ of Mandate While incarcerated at the state Correctional Training Facility in Soledad, Patkins filed a petition for writ of mandate in December 2021 naming Warden Luis Martinez as respondent. As a first ground for relief, Patkins alleged…