McClellon v. Webull Financial LLC

Background

Donte McClellon, who is incarcerated at Otisville Correctional Facility and is representing himself, filed this action against Webull Financial LLC. The opinion does not describe the claims underlying the action.

McClellon submitted an application to proceed without prepaying court fees, commonly called an application to proceed in forma pauperis, but he did not submit the required prisoner authorization. Under the statutes cited by the court, a prisoner seeking this status must authorize the facility holding him to deduct the filing fee from his account in installments and provide the court with certified account statements for the previous six months.

Court’s Order

The court ordered McClellon, within 30 days of the order, either to pay $405 in fees or to complete and submit the attached prisoner authorization. The $405 consists of a $350 filing fee and a $55 administrative fee. The court explained that the $55 administrative fee does not apply to a person granted permission to proceed without prepayment of fees, while the $350 filing fee remains payable in installments under the Prison Litigation Reform Act.

No summons will issue at this time. If McClellon 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 also certified that any appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal.

Additional Warning

The court cautioned that a future dismissal of a prisoner’s action as frivolous or for failure to state a claim can count as a “strike” under 28 U.S.C. § 1915(g). After three such strikes, a prisoner generally cannot proceed without prepaying fees unless an exception for imminent danger of serious physical injury applies.