Riley v. Otis Bantum Correctional Facility

Background

Dwayne M. Riley filed a civil action against Otis Bantum Correctional Center and other defendants. The opinion states that Riley is incarcerated at Otis Bantum Correctional Facility and is representing himself.

Riley submitted his complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees, commonly called an IFP application, or a prisoner authorization. The court explained that filing a civil action ordinarily requires payment of a $350 filing fee and a $55 administrative fee, for a total of $405.

For a prisoner seeking to proceed without prepaying fees, federal law requires an IFP application and a prisoner authorization. The authorization directs the correctional facility to deduct the $350 filing fee from the prisoner’s account in installments and to provide certified account statements for the previous six months. The $55 administrative fee does not apply to a person granted IFP status.

Court’s action

The court ordered Riley to do one of two things within 30 days of the order: pay the $405 in fees, or submit the attached IFP application and prisoner authorization. The opinion instructs that those forms should be labeled with docket number 24-CV-9603, although the order’s caption identifies the case as No. 24-CV-9638 (LTS).

The court stated that no summons would issue at that time. If Riley complies with the order, the Clerk’s Office will process the case under its procedures. If he does not comply within the permitted time, the action will be dismissed.

Judge Laura Taylor Swain also certified that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The order did not decide the underlying claims against the defendants.