Jaime v. Doe

Background

Luis Jaime, who is incarcerated at Wende Correctional Facility, filed this civil action against Jane Doe while representing himself. The court had previously directed him to either pay the filing fees or submit a completed application to proceed without prepaying fees. Jaime submitted the complaint with a prisoner authorization, but he did not submit the required fee-waiver application. He later submitted another prisoner authorization, but still had not submitted the application.

The Court’s Order

The court granted Jaime an additional 30 days from the date of the order to either pay $405 in fees or submit a completed application to proceed without prepayment of fees. The $405 consists of a $350 filing fee and a $55 administrative fee. If a prisoner is allowed to proceed without prepaying fees, the $350 filing fee is collected in installments from the prisoner’s account; the $55 administrative fee does not apply to a person granted that status. Jaime must also submit the prisoner authorization, which permits withdrawals from his account and requires certified account statements for the prior six months.

The court stated that no summons would issue at that time. If Jaime complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the permitted period, the action will be dismissed. The court also certified that an appeal from this order would not be taken in good faith and denied fee-free status for purposes of an appeal. The order does not decide the underlying claims against Jane Doe.