Esquivel v. McDonough

Juan Leal Esquivel appeals from an order dismissing his petition for writ of mandamus because he failed to pay a partial filing fee of $6.00 to the circuit court. We reverse and remand with instructions to the lower court to reevaluate Esquivel’s ability to pay, based on an updated record of his inmate bank account.

Esquivel initially filed his petition for writ of mandamus in this court on May 14, 2002, seeking to require the Department of Corrections to permit visits from his minor sons. We issued a certificate of indigency and transferred the case to the circuit court. On September 26,…