Freeman v. Captain Bunch

Background

Jagger Freeman, who is incarcerated at Green Haven Correctional Facility, filed this civil action without a lawyer. He submitted an application to proceed without prepaying filing fees, commonly called an application to proceed without prepayment of fees, but he did not submit the required prisoner authorization.

Court’s requirements

The court explained that a prisoner starting a civil action must either pay $405 in fees—a $350 filing fee and a $55 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court grants the application, the Prison Litigation Reform Act requires collection of the $350 filing fee in installments from the prisoner’s account. The authorization also directs the correctional facility to make those deductions and provide certified copies of the prisoner’s account statements for the prior six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Order

Judge Laura Taylor Swain ordered Freeman, within 30 days of the order, to either pay the $405 in fees or complete and submit the attached prisoner authorization. The order says that the authorization should be labeled with docket number 25-CV-0450 (LTS), although the case caption lists docket number 25-CV-0459 (LTS). No summons will issue at this time. If Freeman complies, the Clerk’s Office will process the case under its procedures; if he does not comply within the allowed time, the action will be dismissed.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a strike under 28 U.S.C. § 1915(g).