Griffith v. North Carolina Department of Correction

JACKSON, Judge.

Joseph Michael Griffith (“plaintiff’) appeals the dismissal of his civil action in forma pauperis against the North Carolina Department of Correction (“DOC”), Theodis Beck, and Boyd Bennett (collectively “defendants”). For the reasons stated below, we reverse and remand.

Plaintiff is an inmate in the care and custody of defendants. On or about 19 June 2008, he filed a petition to sue as an indigent, along with a proposed complaint, with the Anson County Superior Court. The complaint alleged that defendants, by charging a $10.00 administrative fee for any disciplinary guilty…