Harris v. Doe

Background

Nathaniel Harris filed this civil action without paying the required fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization. The order states that Harris is incarcerated and is representing himself.

Payment or application requirement

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 submit a signed application to proceed without prepaying fees and a prisoner authorization. If that application is granted, the $350 filing fee is collected in installments from the prisoner’s account. The authorization also directs the facility to make those deductions and provide certified account statements for the previous six months.

The court ordered Harris, within 30 days of the order, to pay the $405 or submit the required application and authorization, labeled with docket number 25-CV-4528 (LTS). The court stated that no answer from the defendant was required at that time. If Harris complied, the case would be processed under the Clerk’s Office procedures; if he failed to comply within the permitted time, the action would be dismissed.

Appeal and additional warning

The court certified that an appeal from the order would not be taken in good faith and denied permission to proceed without prepaying fees for an appeal. The court also warned that a prisoner action dismissed as frivolous, malicious, or for failing to state a claim can count as a “strike” under 28 U.S.C. § 1915(g), which can limit a prisoner’s ability to file future federal civil actions without prepaying fees.

Disposition

Judge Laura Taylor Swain ordered Harris to pay the fees or submit the required forms. The order did not rule on the merits of Harris’s underlying claims and did not dismiss the action at that time.