Ruiz v. King

Background

Jasmine Marie Ruiz, who is incarcerated at Rose M. Singer Correctional Facility, filed this civil action against Captain King, Badge #863. The opinion states that Ruiz is representing herself. She submitted her complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Fees and required forms

The court explained that a prisoner filing a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or request permission to proceed without prepaying fees. If that request is granted, the $350 filing fee must still be collected in installments from the prisoner's account. The prisoner authorization permits those deductions and requires certified copies of the prisoner's account statements for the previous six months to be sent to the court. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Order

The court ordered Ruiz to do one of two things within 30 days of the order: pay the $405 in fees, or submit the attached application and prisoner authorization, labeled with docket number 24-CV-5850 (LTS). No summons will issue at this time. If Ruiz complies, the case will be processed under the Clerk's Office procedures; if she does not comply within the allowed time, the action will be dismissed. The court also cautioned that certain future dismissals could count as strikes under the Prison Litigation Reform Act.

Appeal determination

The court certified that an appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. Chief Judge Laura Taylor Swain signed the order.