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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 6496 SEPTEMBER TERM, 1998

KENNETH JOHN DAVIS v. TIFFANY DAWN MILLS

Davis, Kenney, Getty, James S. (Ret'd, specially assigned), JJ.

Opinion by Kenney, J.

Filed: January 5, 2000

FACTS On December 1, 1998, appellant, Kenneth John Davis, filed a civil complaint against appellee, Tiffany Dawn Mills, in the Court for Washington County, alleging two counts of

Circuit

negligence, one count of willful and malicious injury, and one count of intentional infliction of emotional distress.1

Accompanying his Complaint, appellant filed a Motion for Waiver of Prepayment of Filing Fees and Other Court Costs, requesting the waiver of court costs and fees. Appellant certified that he was

unmarried, unemployed, owned no assets, was unable to pay the filing fees, and attached a financial statement from the Inmate Banking System.2 By an Order dated December 22, 1998, the trial

court denied appellant's motion, stating, "A civil action of this nature must be accompanied by the payment of $90 court costs before processing." Appellant filed a notice of appeal, requesting that this Court also waive the filing fees. Appellant certified that he was

employed by the Division of Correction, and received a salary of "approximately eighteen dollars per month." This Court granted the

waiver and appellant appears before this Court pro se. Appellant presents two issues on appeal.
1

These counts arise as a result of a dispute with appellee, Tiffany Dawn Mills, concerning the birth of their child while he was incarcerated in prison. Appellant alleges that Mills intentionally lied and attempted mentally and emotionally to manipulate him in an effort to "control the situation." Appellant is currently incarcerated at the Roxbury Correctional Facility, serving a thirtyyear sentence. His criminal conviction is also currently on appeal.
2

-2I. Did the trial court abuse its discretion in denying Appellant's Motion for Waiver of Filing Fees and other Court Costs? Where a plaintiff seeks waiver of court costs and is proceeding pro se, does the language of Maryland Code (1974, 1998 Repl. Vol.),

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