At page 260 Evaluating inmate financial choices regarding civil rights suits56 citing casesA suit not worth $7.20 to an inmate who could pay this fee is unlikely to be worth the time of the courts. If the inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy (two of the items that, the record shows, Lumbert has purchased from the prison commissary) than…
- Michael David Hemingway v. Corcoran SHO/CDCR, et al., No. 1:26-cv-05503 (E.D. Cal. July 21, 2026).(If the inmate thinks that a 21 more worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil rights 22 suit, he has demonstrated an implied evaluation of the suit that the district court…)
- (PC)Oliveira, No. 1:26-cv-04086 (E.D. Cal. June 8, 2026).(If the inmate thinks 22 that a more worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil 23 rights suit, he has demonstrated an implied evaluation of the suit that the district court…)
- Burdett, No. 3:25-cv-01415 (N.D. Fla. Jan. 12, 2026).(A suit not worth $7.20 to an inmate who could pay this fee is unlikely to be worth the time of the courts. If the inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy (two of the item…)
- (PC)Woods, No. 1:25-cv-01449 (E.D. Cal. Dec. 4, 2025).(If the inmate thinks 27 that a more worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is…)
- King, No. 5:25-cv-00239 (N.D. Fla. Nov. 12, 2025).(A suit not worth $7.20 to an inmate who could pay this fee is unlikely to be worth the time of the courts. If the inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy (two of the item…)
- (PC) Hilt v. Sinaie, No. 1:25-cv-00936 (E.D. Cal. Aug. 6, 2025).(If the inmate thinks that a more 20 worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil rights suit, 21 he has demonstrated an implied evaluation of the suit that the district court…)
- (PC) Davis v. Castillo, No. 1:25-cv-00407 (E.D. Cal. May 16, 2025).(If the inmate thinks that a more worthwhile 10 use of his funds would be to buy peanuts and candy . . . than to file a civil rights suit, he has 11 demonstrated an implied evaluation of the suit that the district court…)
- (PC) Grayson v. Perez, No. 1:24-cv-00311 (E.D. Cal. Mar. 18, 2024).(If the inmate thinks that a more 4 worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil rights suit, 5 he has demonstrated an implied evaluation of the suit that the district court i…)
- (PC) Paschall v. Johal, No. 1:24-cv-00154 (E.D. Cal. Feb. 5, 2024).(If the inmate thinks that a more 24 worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil rights suit, 25 he has demonstrated an implied evaluation of the suit that the district court…)
- (PC) Thompson v. Allison, No. 1:22-cv-00848 (E.D. Cal. Aug. 18, 2022).(If the inmate 18 thinks a more worthwhile use of his funds would be to buy peanuts and candy . . . than to file a 19 civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is 2…)
Show 45 more citing cases
- (PC) Tri v. Gutierrez, No. 1:22-cv-00836 (E.D. Cal. July 14, 2022).(If the 18 inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy . . . 19 than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the 20 district co…)
- Gerald Ashford v. James Hill, No. 5:22-cv-00846 (C.D. Cal. June 21, 2022).(If the inmate thinks a more worthwhile use of his funds would be to buy peanuts and candy ... than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitled…)
- Baltas v. Rizvani, No. 3:21-cv-00436 (D. Conn. Jan. 4, 2022).(If the inmate thinks a more worthwhile use of his funds would be to buy peanuts and candy ... than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitled…)
- (PC)Urbina v. Onyeje, No. 1:21-cv-01623 (E.D. Cal. Dec. 2, 2021). (If the inmate thinks that a more worthwhile use of 14 his funds would be to buy peanuts and candy . . . than to file a civil rights suit, he has 15 demonstrated an implied evaluation of the suit that the district court…)
- Rosa v. Doe, No. 3:21-cv-00481 (D. Conn. Nov. 5, 2021).(If the inmate thinks” some other use of his funds is “more worthwhile ... than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitled to honor.)
- (PC) Johnson v. Flores, No. 1:21-cv-01491 (E.D. Cal. Oct. 26, 2021). (If the inmate thinks that a more worthwhile use of 10 his funds would be to buy peanuts and candy . . . than to file a civil rights suit, he has 11 demonstrated an implied evaluation of the suit that the district court…)
- Higginbotham v. Inch, No. 5:21-cv-00062 (N.D. Fla. Oct. 6, 2021).(A suit not worth $7.20 to an inmate who could pay this fee is unlikely to be worth the time of the courts. If the inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy (two of the item…)
- (PC) Rodriguez v. Cate, No. 1:21-cv-00898 (E.D. Cal. Aug. 24, 2021). (If the inmate thinks that a more 17 worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil rights suit, 18 he has demonstrated an implied evaluation of the suit that the district court…)
- Hinton v. Pearson, No. 3:21-cv-00863 (D. Conn. July 19, 2021).(If the inmate thinks a more worthwhile use of his funds would be to buy peanuts and candy ... than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitled…)
- Cruz v. Dorozco, No. 3:20-cv-01435 (D. Conn. May 25, 2021).(If the inmate thinks a more worthwhile use of his funds would be to buy peanuts and candy ... than to file a 3 civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitle…)
- Hill v. Cook, No. 3:21-cv-00239, 2021 WL 1178209 (D. Conn. Mar. 29, 2021).(If the inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is en…)
- Brown v. Ruiz, No. 3:20-cv-01202 (D. Conn. Nov. 2, 2020).(If the inmate thinks a more worthwhile use of his funds would be to buy peanuts and candy ... than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitled…)
- Brown v. Cook, No. 3:20-cv-00985 (D. Conn. Nov. 2, 2020).(If the inmate thinks a more worthwhile use of his funds would be to buy peanuts and candy ... than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitled…)
- Timms v. Douthit, No. 5:20-cv-00067 (N.D. Tex. June 22, 2020).(If the inmate thinks a more worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitle…)
- (PC) Gradford v. Tiexiera, No. 1:19-cv-01783 (E.D. Cal. Jan. 10, 2020).(If … inmate thinks that a more worthwhile use of 9 his funds would be to buy peanuts and candy … than to file a civil rights suit, he has 10 demonstrated an implied evaluation of the suit that the district court is ent…)
- In Re Lawrence Epps, 888 F.2d 964 (2d Cir. 1989).published(If the inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy ... than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is enti…)
- Houtsma, No. 1:26-cv-00113 (N.D. Fla. July 27, 2026).Ariz. 1997) (noting that inmate finding it “more worthwhile” to use funds to purchase canteen snacks than to file suit “has demonstrated an implied evaluation of the suit that the district court is entitled to honor” (quoting Lumbert v. Il…
- Manson v. Caron, No. 3:24-cv-00876 (D. Conn. June 25, 2024).Dep’t of Corr., 827 F.2d 257, 260 (7th Cir. 1987)).
- Jordan Whitaker v. Michael Dempsey, 83 F.4th 1059 (7th Cir. 2023).published Because Whitaker, like other prisoners, received “the necessities of life” from the state, Lumbert v. Ill. Dep't of Corr., 827 F.2d 257, 260 (7th Cir. 1987), the court found that his past assets made him ineligible to proceed in forma paup…
- Fassbender v. State of Wisconsin, No. 2:23-cv-00486 (E.D. Wis. June 13, 2023).Wis. Sept. 12, 2005) (citing Lumbert v. Ill. Dep't of Corr., 827 F.2d 257, 260 (7th Cir. 1987)).
- Abbott v. Chatham Cnty. Jail, No. 4:22-cv-00280 (S.D. Ga. Dec. 28, 2022).As the Seventh Circuit has observed, “[i]f the inmate thinks a more worthwhile use of his funds would be to buy peanuts and candy . . . than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the distri…
- Adams v. Gracia, No. 6:22-cv-00021 (E.D. Tex. Aug. 18, 2022).(affirming dismissal for failure to submit filing fee when the record demonstrated that the prisoner-plaintiff chose to “use his money for other purposes)
- Strojnik v. Panera Bread Co., No. 1:22-cv-00682 (E.D. Cal. June 24, 2022).(noting peanut and candy “comforts” plaintiff 28 purchased in the prison commissary: “if the inmate thinks a more worthwhile use of his funds 1 would be to buy peanuts and candy . . . than to file a civil rights suit, he…)
- Stehouwer v. Hennessey, 841 F. Supp. 316 (N.D. Cal. 1994).published
- McKenzie v. Le'iato, 26 Am. Samoa 2d 13 (1994).published
- Steve Olivares v. Charles D. Marshall, Warden, J. Hixon & D. Helsel, James F. Stehouwer v. Michael Hennessey, Sheriff Sergeant Nelson Deputy Gee Deputy Antram Deputy Williams & Internal Affairs, 59 F.3d 109 (9th Cir. 1995).published
- Tommy Dale Underwood v. United States, 67 F.3d 301 (7th Cir. 1995).unpublished
- Merritte v. Templeton, 493 F. App'x 782 (7th Cir. 2012).unpublished
- McLean v. United States, 566 F.3d 391 (4th Cir. 2009).published
- George v. State, 944 P.2d 1181 (Alaska Ct. App. 1997).published
- Wiideman v. Harper, 754 F. Supp. 808 (D. Nev. 1990).published
- Olivares v. Marshall, 59 F.3d 109 (9th Cir. 1995).published
- Quincy Jackson v. R.C. Johnson, No. 2:22-cv-03903 (C.D. Cal. June 22, 2022).
- (PC)Evans v. Sherman, No. 1:19-cv-00760, 2019 WL 5377040 (E.D. Cal. Aug. 21, 2019).
- Foster v. Div. of Adult Parole Operations, No. 1:19-cv-00987 (E.D. Cal. June 4, 2021).
- (PC)Urbina v. Onyeje, No. 1:21-cv-01623 (E.D. Cal. Dec. 27, 2021).
- (PC) Dilbert v. Fisher, No. 1:22-cv-00247 (E.D. Cal. Mar. 22, 2022).
- Harris v. Semple, No. 3:21-cv-01331 (D. Conn. Nov. 19, 2021).
- Perkins v. Miller, No. 4:23-cv-04172 (C.D. Ill. May 16, 2024).
- Cortez v. Baldwin, No. 3:18-cv-50210 (N.D. Ill. July 27, 2018).
- Cooper v. Coghlan, No. 1:21-cv-00307 (N.D. Ill. June 3, 2021).
- (PC) Lloyd v. Genseal, No. 1:24-cv-01117 (E.D. Cal. Oct. 15, 2024).
- Crum v. Florida Comm'n on Offender Review, No. 4:24-cv-00210 (N.D. Fla. Oct. 28, 2024).
- (PC)Woods, No. 1:25-cv-01449 (E.D. Cal. Nov. 20, 2025).
- Box, No. 1:23-cv-02776 (N.D. Ill. Sept. 24, 2026).
At page 259 Imposing reasonable costs on litigants seeking judicial relief45 citing cases“the correct principle is that reasonable costs may be imposed on persons who want to sue.”
- William R. Cunningham v. Governor Evan Bayh, & James E. Aiken, 936 F.2d 575 (7th Cir. 1991).unpublished (contending that application of the rule to prisoners is justified because "the costs of a prisoner's time are ... low[er]" compared to other indigents)
- Ortiz v. Fontes, No. 2:25-cv-02505 (D. Ariz. Sept. 16, 2025). ([I]t is not true that 23 placing any cost on the filing of litigation violates the Constitution. Otherwise all filing 24 fees would be unconstitutional, which of course they are not.)
- Melvin P. Deutsch v. United States, 67 F.3d 1080 (3d Cir. 1995).published (the problem of [frivolous litigation] is even more acute when the indigent plaintiff is a prison inmate, because the costs of a prisoner's time are very low.)
- White, No. 2:26-cv-01445 (E.D. Wis. Aug. 27, 2026). “Litigation is not a free good.” Lumbert v. Ill. Dep’t of Corr., 827 F.2d 257, 259 (7th Cir. 1987).
- White, No. 2:26-cv-01258 (E.D. Wis. July 27, 2026). “Litigation is not a free good.” Lumbert v. Ill. Dep’t of Corr., 827 F.2d 257, 259 (7th Cir. 1987).
- White, No. 2:26-cv-01076 (E.D. Wis. June 18, 2026).“Litigation is not a free good.” Lumbert v. Ill. Dep’t of Corr., 827 F.2d 257, 259 (7th Cir. 1987).
- William Joseph Somers v. W. States Envelope & Label Inc., Rose Montalvo, & Kevin Loy, No. 2:26-cv-00058 (E.D. Wis. June 12, 2026).“Litigation is not a free good,” and payment causes the “plaintiff to think about the case and not just file reflexively.” See Lumbert v. Ill. Dep’t of Corrections, 827 F.2d 257, 259 (7th Cir. 1987).
- Ross, No. 1:26-cv-01791 (D. Md. June 1, 2026).“The correct principle is that reasonable costs may be imposed on persons who want to sue.” Lumbert v. Illinois Dept. of Corrections, 827 F.2d 257, 259 (7th Cir.1987).
- Kaucic, No. 2:26-cv-00941 (E.D. Wis. May 29, 2026).“Litigation is not a free good,” and payment causes the “plaintiff to think about the case and not just file reflexively.” See Lumbert v. Illinois Dep’t of Corrections, 827 F.2d 257, 259 (7th Cir. 1987).
- Clemons v. Snyder, No. 4:25-cv-04103 (C.D. Ill. June 2, 2025).(a litigant who “thinks that a more worthwhile use of his funds would be to buy [commissary items]…than to file a civil rights suit has…demonstrated an implied evaluation of the suit that the district court is entitled t…)
Show 33 more citing cases
- (PC) Davis v. Tuolumne Cnty. Jail, No. 1:25-cv-00485 (E.D. Cal. May 23, 2025).Dept. 25 of Corrections, 827 F.2d 257, 259 (7th Cir. 1987).
- Wahl v. Snyder, No. 4:25-cv-04014 (C.D. Ill. May 21, 2025).(a litigant who “thinks that a more worthwhile use of his funds would be to buy [commissary items]…than to file a civil rights suit has…demonstrated an implied evaluation of the suit that the district court is entitled t…)
- Stack v. Stewart, 82 F.3d 426 (10th Cir. 1996).unpublished
- Tucker, Cornelius v. Branker, G., 142 F.3d 1294 (D.C. Cir. 1998).published
- Morris May v. Warner Amex Cable Commc'ns James L. Gray Virgil Reed Patricia Morrison, 869 F.2d 1491 (6th Cir. 1989).unpublished
- In Re Morris May, 883 F.2d 75 (6th Cir. 1989).unpublished
- Merton Bond v. Joseph Hood, U.S. Magistrate, Eugene Siler, Jr., Judge, 889 F.2d 1086 (6th Cir. 1989).unpublished
- Michael Wayne Long v. Commonwealth of Kentucky Hon. William G. Fuqua, 894 F.2d 1336 (6th Cir. 1990).unpublished
- Vernon E. Rodman v. Carole J. Shiplevy, Supt., 899 F.2d 1222 (6th Cir. 1990).unpublished
- Daries Sherrills v. Wayne L. Kerek, James London, Cleveland Police Dep't, 915 F.2d 1573 (6th Cir. 1990).unpublished
- Sherman Morissette v. Howard A. Peters, III, 978 F.2d 1261 (7th Cir. 1992).unpublished
- John-Tyronne Martin v. Howard Mueller, Sued as H. Mueller John Brady & Ali Khaja, 979 F.2d 853 (7th Cir. 1992).unpublished
- Anthony Jones v. Corr. Officer Pool, Badge 380, 996 F.2d 1219 (7th Cir. 1993).unpublished
- Rixson M. Perry v. Christopher R. Pogemiller & State Farm Fire & Cas. Co., 16 F.3d 138 (7th Cir. 1994).published
- Andrew Hardin v. Louis O. Lowery, Warden, Thomas Huskisson, Captain, James Davis, Corr. Officer, 35 F.3d 568 (7th Cir. 1994).unpublished
- Leonardo Victory v. Larry Kunkel, David Kanger, William Herbach, 35 F.3d 569 (7th Cir. 1994).unpublished
- Roller v. Gunn, 107 F.3d 227 (4th Cir. 1997).published
- Everett R. Lyon v. Del Vande Krol Paul Hedgepeth James Helling Rabbi Jacobson Chavbad Lubavitch Ia, United States of Am., Intervenor Everett R. Lyon v. Del Vande Krol Paul Hedgepeth James Helling Rabbi Jacobson Chavbad Lubavitch Ia, United States of Am., Intervenor, 127 F.3d 763 (8th Cir. 1997).published
- Jerardo Rodriguez v. David Cook, Dir., Oregon State Penitentiary, 169 F.3d 1176 (9th Cir. 1999).published
- Warren Goins v. Joan Decaro, Senior Suffolk Cnty. Supreme Court Reporter, Tyrone Houston v. Glenn S. Goord, Individually & as the Comm'r of the New York State Dep't of Corr. Servs., 241 F.3d 260 (2d Cir. 2001).published
- Ryan Miller v. Marcus Hardy, 497 F. App'x 618 (7th Cir. 2012).unpublished
- Beck v. Symington, 972 F. Supp. 532 (D. Ariz. 1997).published
- Stehouwer v. Hennessey, 841 F. Supp. 316 (N.D. Cal. 1994).published
- Assaad-Faltas v. Univ. of South Carolina, 971 F. Supp. 985 (D.S.C. 1997).published
- Everett R. Lyon v. Del Vande Krol, 127 F.3d 763 (8th Cir. 1997).published
- Chorn v. Workers' Comp. Appeals Bd., 245 Cal. App. 4th 1370 (Cal. Ct. App. 2016).published
- Chorn v. Workers Comp. Appeals Bd., No. B264440M (Cal. Ct. App. Apr. 20, 2016).published
- Goins v. Decaro, 241 F.3d 260 (2d Cir. 2001).published
- McKenzie v. Le'iato, 26 Am. Samoa 2d 13 (1994).published
- Weston v. Baldwin, No. 3:19-cv-01020 (S.D. Ill. Nov. 9, 2020).
- Westfall v. Trump, No. 1:20-cv-00207 (N.D. W. Va. Dec. 4, 2020).
- Garcia Martinez, 29 I. & N. Dec. 169 (BIA 2025).published
- Somers, No. 2:26-cv-00058 (E.D. Wis. July 13, 2026).
At page 267 Determining indigence for court fee waiver and cost contribution19 citing cases
- Corrigan, No. 2:25-cv-00268 (W.D. Mich. Dec. 23, 2025).Dep’t of Corr., 827 F.2d 257, 267 (7th Cir. 1987).
- MacKenzie 932343 v. Morrison, No. 1:23-cv-00077 (W.D. Mich. Feb. 15, 2023).Dep’t of Corr., 827 F.2d 257, 267 (7th Cir. 1987).
- Morgan 269876 v. Taskila, No. 2:22-cv-00167 (W.D. Mich. Sept. 29, 2022).Dep’t of Corr., 827 F.2d 257, 267 (7th Cir. 1987).
- Tucker 654194 v. Burgess, No. 1:22-cv-00642 (W.D. Mich. Aug. 9, 2022).Dep’t of Corr., 827 F.2d 257, 267 (7th Cir. 1987).
- Carter 840787 v. Winn, No. 1:19-cv-00543 (W.D. Mich. Aug. 14, 2019).
- Lafayette 397650 v. Burt, No. 1:19-cv-00487 (W.D. Mich. Aug. 19, 2019).
- White 770741 v. Horton, No. 2:19-cv-00249 (W.D. Mich. Jan. 3, 2020).
- Cunningham v. Quinn, No. 2:20-cv-00129 (W.D. Mich. Aug. 12, 2020).
- Webb 236602 v. Jackson, No. 1:21-cv-00058 (W.D. Mich. Jan. 22, 2021).
- Goliday 809669 v. Rewerts, No. 1:21-cv-00434 (W.D. Mich. June 23, 2021).
Show 9 more citing cases
- Pleitez v. Johns, No. 1:21-cv-00507 (W.D. Mich. July 6, 2021).
- Johnson 461453 v. Morrison, No. 1:21-cv-00549 (W.D. Mich. July 9, 2021).
- Herman 861049 v. Scheibner, No. 1:21-cv-00634 (W.D. Mich. Aug. 17, 2021).
- Lleras-Rodriguez 38558-018 v. GEO Grp., Inc., The, No. 1:21-cv-00787 (W.D. Mich. Oct. 5, 2021).
- Martin 857172 v. Davids, No. 1:21-cv-00980 (W.D. Mich. Dec. 14, 2021).
- Orobio Landazuri 68973-018 v. United States, No. 1:21-cv-01079 (W.D. Mich. Dec. 30, 2021).
- Bass 652470 v. Taskila, No. 2:21-cv-00235 (W.D. Mich. Feb. 16, 2022).
- Kelsey 280530 v. Morrison, No. 1:23-cv-00914 (W.D. Mich. Sept. 20, 2023).
- Stratton, No. 1:26-cv-00273 (W.D. Mich. Aug. 7, 2026).
v.
ILLINOIS DEPARTMENT OF CORRECTIONS, Et Al., Defendants-Appellees
Lumbert, an inmate in an Illinois state prison, appeals from the dismissal of his civil rights suit against the Illinois prison system and two of its officials. The ground of dismissal was his failure to pay a $7.20 filing fee assessed by the district judge pursuant to the General Order Regarding Petitions for Leave to Proceed Without Prepayment of Fees and Costs, issued by the U.S. District Court for the Central District of Illinois on July 25, 1984. The General Order provides:
An inmate who seeks leave to proceed without prepayment of fees and costs shall be required to make a partial payment of filing fees in an amount not to exceed fifty percent (50%) of the inmate’s average monthly income for the six (6)[*259] months immediately preceding the submission of the petition. In any event, the fee shall not exceed the full statutory fee required of all other civil plaintiffs.
The General Order also provides that an inmate be given an opportunity to show why he cannot make the partial payment required by the Order. We upheld the Central District’s partial-payment plan in Bryan v. Johnson, 821 F.2d 455, 457-58 (7th Cir.1987), citing an earlier dictum by this court and holdings in several other circuits, see, e.g., In re Williamson, 786 F.2d 1336 (8th Cir.1986), but without discussing the arguments against it mounted by Lumbert in the present appeal.
Lumbert does not argue that the district court misapplied the General Order; and he has either abandoned in this court, or forfeited by not raising in the district court, see Saenz v. Young, 811 F.2d 1172, 1174 (7th Cir.1987), several other arguments. Only two arguments remain. The first is that requiring even partial payment by someone who cannot afford to pay the filing fee is an unconstitutional burden on the right of access to the courts. It is true, as he argues, that state and federal government, including the judicial branch, may not erect arbitrary or unduly onerous obstacles to suit. Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). But it is not true that placing any cost on the filing of litigation violates the Constitution. Otherwise all filing fees would be unconstitutional, which of course they are not. This and other courts have even issued or upheld injunctions forbidding nuisance litigants to continue filing suits. See, e.g., Lysiak v. Commissioner, 816 F.2d 311 (7th Cir.1987) (per curiam); Green v. Warden, 699 F.2d 364, 369-70 (7th Cir.1983); In re Martin-Trigona, 737 F.2d 1254 (2d Cir.1984); In re Green, 669 F.2d 779 (D.C.Cir.1981). The correct principle is that reasonable costs may be imposed on persons who want to sue.
Litigation is not a free good, and its costs are not limited to those who initiate it. They are borne not only by the plaintiff but by the defendant, by the taxpayer, and by parties to other lawsuits in the same court, whose cases may be delayed or who may receive less attention from the judges than if the caseload were lighter. If the suit is frivolous the defendant may be able to recover his direct litigation outlays from the plaintiff by an order awarding attorney’s fees, entered at the close of the case. But the order can at best cover only a portion of the total social costs of the litigation, and of course it is ineffectual if the plaintiff can’t afford to pay the award. Moreover, even if a suit is not frivolous (and we have no idea whether Lumbert’s is or is not — the suit was dismissed not because it was frivolous but because he refused to pay the $7.20 filing fee), it will impose costs on the defendant and the judicial system. We want the putative plaintiff to think about the case and not just file reflexively; having to make even a modest monetary outlay may help focus his thinking.
And just because a plaintiff can’t afford to pay the full filing fee, it doesn’t follow that his lawsuit is incapable of imposing substantial costs on the defendant and on others. Indeed, the problem of litigation that generates social costs in excess of its social benefits is particularly acute with respect to litigation by indigents, since they cannot be deterred from suit by the prospect of having to pay their adversaries’ legal expenses should the suit be adjudged frivolous. The problem is even more acute when the indigent plaintiff is a prison inmate, because the costs of a prisoner’s time are very low. Lumbert for example has filed more than thirty lawsuits, all as an inmate, since 1980.
Much can be done to control the problem of unwarranted prisoner litigation by careful screening of cases by the district court at the outset. The court did this, by requiring Lumbert to certify that his complaint contained only new claims, not claims rejected in his previous lawsuits. But the role of incentives should not be ignored. It is proper that prisoners be made to think twice — by monetary exactions well within their ability, limited as it is, to pay — about bringing lawsuits that have no significant prospect of obtaining[*260] any worthwhile relief. A suit not worth $7.20 to an inmate who could pay this fee is unlikely to be worth the time of the courts. If the inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy (two of the items that, the record shows, Lumbert has purchased from the prison commissary) than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the district court is entitled to honor.
This may or may not be Lumbert’s situation. In his return to the district court’s order to show cause why he should not be assessed a partial fee of $7.20 he argued that the fee had been miscalculated and that the court had exaggerated his assets. But he has decided not to pursue these arguments on appeal, so we must assume that he can afford the money and that his refusal to pay is a decision to use the money to buy other things — which may indeed be worth more to him than a lawsuit that may, for all we know, be groundless.
This is an important point, because the General Order is inapplicable to prisoners who cannot afford to pay the partial fee assessed against them. The case is thus unlike Boddie v. Connecticut, 401 U.S. 371, 91 S.Ct. 780, 28 L.Ed.2d 113 (1971), where the indigent could not afford to pay the fee for obtaining a divorce. Lumbert can (we must assume) afford to pay $7.20; he just would rather use his money for other purposes.
Lumbert’s second argument is a statutory one; it is that the General Order is inconsistent with the Supreme Court’s holding in Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 69 S.Ct. 85, 93 L.Ed. 43 (1948), that a litigant need not be totally destitute to qualify for indigent status under 28 U.S.C. § 1915(a). This statute provides:
Any court of the United States may authorize the commencement, prosecution, or defense of any suit, action or proceeding, civil or criminal, on appeal therein, without prepayment of fees and costs or security therefor, by a person who makes affidavit that he is unable to pay such costs or give security therefor____
The Court held that the statutory words “unable to pay such costs or give security therefor” were not to be read so literally that if the choice for the litigant was between paying the filing fee and eating, he could not be deemed indigent. “The public would not be profited if relieved of paying costs of a particular litigation only to have imposed on it the expense of supporting the person thereby made an object of public support.” 335 U.S. at 339, 69 S.Ct. at 89. It was therefore enough to comply with the statutory requirement if the affidavit of indigence stated that the plaintiff could not pay or give security “ ‘and still be able to provide’ himself and dependents ‘with the necessities of life.’ ” Id. But Lumbert is not being asked to give up any necessities of life; they in any event are being bought for him by the State of Illinois. He is being asked to contribute a portion of his discretionary funds to defray a minute fraction of the total social costs of his suit.
The judgment dismissing Lumbert’s suit because of his refusal to pay the filing fee assessed against him in accordance with the General Order is
Affirmed.