Williams v. D.O.C.C.S.

Background

Tearre M. Williams, who the opinion says is incarcerated at Five Points Correctional Facility, brought this civil action without a lawyer. He submitted an application to proceed without prepaying court fees, but he did not submit the required prisoner authorization.

Required Filing and Fees

The court explained that a prisoner starting a civil action must either pay $405 in fees—$350 for filing and $55 for administration—or request permission to proceed without prepayment. Even if that request is granted, the Prison Litigation Reform Act requires the $350 filing fee to be paid in installments deducted from the prisoner's account. The prisoner authorization permits the facility to make those deductions and requires certified 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 prepayment.

Order

The court ordered Williams to do one of two things within 30 days of the order: pay the $405 in fees or submit the completed prisoner authorization labeled with docket number 1:25-CV-2960 (LTS). No summons would issue at that time. The court stated that the case would be processed under the Clerk's Office procedures if Williams complied and that the action would be dismissed if he did not comply within the allowed period.

Appeal and Prisoner Filing Warning

Chief United States District Judge Laura Taylor Swain certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also warned that certain dismissals of a prisoner's federal action or appeal can count as “strikes” under federal law and that three such strikes can limit the prisoner's ability to proceed without prepaying fees, subject to an exception for imminent danger of serious physical injury.