Pogue v. Cruz

Background

Elijah T. Pogue filed this civil action without a lawyer. The opinion states that he is incarcerated at the Lakeview Shock Correctional Facility. He submitted his complaint without paying the required fees and without a completed application to proceed without prepaying fees or a prisoner authorization.

Required filing or payment

The court explained that a prisoner filing a civil action must either pay $405, consisting of a $350 filing fee and a $55 administrative fee, or submit a signed application to proceed without prepaying fees and a prisoner authorization. The authorization permits the facility holding the prisoner to deduct the $350 filing fee from the prison account in installments and requires 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.

The court ordered Pogue, within 30 days of the order, to either pay the $405 or submit the completed application and prisoner authorization. The documents must identify docket number 1:25-CV-6349 (LTS). No summons would issue at that time. The court stated that, if Pogue 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.

Appeal and disposition

Judge Laura Taylor Swain 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 order addressed filing requirements and did not reach the merits of Pogue’s claims.

Practical effect

The case was not resolved on its underlying claims in this order. Pogue was required to pay the fees or submit the specified forms within 30 days to avoid the stated consequence of dismissal.