In re: Devin Dyer

Background

Devin Dyer filed a civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization. The opinion states that Dyer is incarcerated at the Riker’s Island – West Facility Annex and is representing himself.

Court’s Order

The court directed Dyer, within 30 days of the order, to do one of two things:

1. Pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or 2. Submit the attached application to proceed without prepaying fees and prisoner authorization, labeled with docket number 1:25-CV-5586 (LTS).

The court explained that if it grants the application, the Prison Litigation Reform Act requires collection of the $350 filing fee in installments from Dyer’s prison account. The prisoner authorization would permit the facility to deduct those payments and send the court certified account statements for the preceding six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

No summons will issue at this time. If Dyer complies with the order, the case will be processed under the Clerk’s Office procedures. If Dyer does not comply within the allowed time, the action will be dismissed.

Appeal and Filing Warning

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 qualifying dismissal of a prisoner’s federal civil action or appeal may count as a “strike” under 28 U.S.C. § 1915(g). After three such strikes, a prisoner generally cannot file federal civil actions without prepaying fees unless the statutory imminent-danger exception applies.

Disposition

The court issued an order directing payment of fees or submission of the required application and prisoner authorization. It did not dismiss the action in this order.