Moore v. Superior Court Department of the Trial Court

William H. Moore (petitioner)1 commenced in the Superior Court a civil action seeking declaratory and injunctive relief against the Commissioner of Correction and the superintendent of the Massachusetts Correctional Institution at Cedar Junction (defendants). The petitioner, asserting that he was indigent pursuant to G. L. c. 261, § 27B, requested a waiver of the filing fee, which was approved. Subsequently, the defendants moved to vacate that order on the ground that the petitioner’s prison account records indicated that he had sufficient funds with which he could pay the filing fee. The…