Sheppard v. West Facility Annex

Background Richard Sheppard filed this civil action without a lawyer. The opinion states that he is currently incarcerated at West Facility Annex. He submitted the complaint without paying the required filing fees and without a completed application to proceed without prepayment of fees or a prisoner authorization.

Fee Requirements 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. To make that request, the prisoner must submit a signed application and a prisoner authorization.

If the court grants the application, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The prisoner authorization directs the correctional facility to make those deductions and send the court certified copies of the prisoner’s account statements for the previous six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepayment under the cited statute.

Order and Disposition Within 30 days after April 22, 2025, Sheppard must either pay the $405 in fees or submit the application and prisoner authorization. The documents should identify docket number 25-CV-3330 (LTS). No answer is required at this stage.

If Sheppard complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed without prejudice. The court also certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The order cautioned that certain future dismissals of prisoner actions can count as “strikes” under 28 U.S.C. § 1915(g), subject to the exception stated in the order.