Filed Washington State Court of Appeals Division Two August 7, 2018 IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION II In the Matter of the No. 50657-2-II Personal Restraint Petition of DAVID A. TROUPE, Petitioner. PUBLISHED OPINION JOHANSON, J. — Under RCW 4.24.430, this court must deny an inmate’s request to waive filing fees in any civil action or appeal against the State where the inmate has brought at least three prior actions that were dismissed because they were “frivolous or malicious” and where the action would not affect the duration of confinement. The clerk of this court determined that this statute applied to David A. Troupe’s May 15, 2017 personal restraint petition (PRP) and ruled that the PRP would be dismissed unless Troupe paid a $250 filing fee. Troupe seeks to modify our court clerk’s ruling on the basis that our court clerk violated his due process rights and that RCW 4.24.430 violates equal protection. We hold that although RCW 4.24.430 is not unconstitutionally vague, procedural due process required our court clerk’s letter ruling to identify the prior actions that our court clerk relied on when he determined that the No. 50657-2-II statute applied. We also hold that Troupe’s equal protection argument lacks merit. Accordingly, we grant Troupe’s motion to modify our court clerk’s ruling. We direct our court clerk to reissue his ruling and to specifically identify the strikes upon which he relies to require Troupe to pay a filing fee. FACTS On May 15, 2017, Troupe filed a PRP in this court, alleging that the Department of Corrections (DOC) prevented him from receiving his mail in violation of his constitutional rights. Troupe also submitted a statement of finances and requested waiver of the $250 filing fee. Our court clerk informed Troupe by letter ruling that “[u]nder In re Personal Restraint of Troupe, 194 Wn. App. 701[, 378 P.3d 239] (2016)[, review denied, 188 Wn.2d 1002 (2017)] and RCW 4.24.430” Troupe had to pay the $250 filing fee within 30 days of the letter ruling or face dismissal of his petition. Letter Ruling, Troupe, No. 50657-2-II (Wash. Ct. App. June 28, 2017). Troupe then filed a “Motion To Waive Fi[l]ing Fee,” requesting to modify our clerk’s ruling by waiving the filing fee and to have counsel appointed. We appointed counsel for Troupe, ordered supplemental briefing, and set the matter for oral argument. Previously, in 2015, Troupe had filed another PRP challenging conditions of his confinement and obtained a fee waiver. Troupe, 194 Wn. App. at 703. After a commissioner of this court denied the State’s motion to revoke the fee waiver, the State filed a motion to modify the commissioner’s ruling. Troupe, 194 Wn. App. at 703. Holding that RCW 4.24.430 is valid and applies to PRPs, we granted the State’s motion and ordered Troupe to pay his filing fee before we would consider his PRP’s merits. Troupe, 194 Wn. App. at 708. 2 No. 50657-2-II ANALYSIS The merits of Troupe’s PRP alleging that DOC ...
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