Jonassen v. United States

Background

Martin Jonassen filed the action without a filing fee, a completed application to proceed without prepaying fees, or a prisoner authorization. The opinion states that Jonassen is incarcerated at FCI Otisville and is representing himself. Although he styles the action as a habeas petition, the court explains that he asserts claims under the Religious Freedom Restoration Act and the Religious Land Use and Institutionalized Persons Act against Chaplain Davis and Assistant Chaplain White, seeking damages for the alleged denial of Passover food.

Fees and required filings

The court explained that a prisoner filing a civil action must either pay $405—the $350 filing fee and $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 permission is granted, the Prison Litigation Reform Act requires installment payments of the $350 filing fee from the prisoner’s account, and the authorization permits the institution to make those deductions and send the court account statements.

Order

The court directed Jonassen, within 30 days of the order, to either pay the $405 in fees or submit the application and prisoner authorization, labeled with docket number 25-CV-5257 (LTS). No answer was required from the defendants at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Jonassen complied and that the action would be dismissed without prejudice if he failed to comply within the allowed time.

Judge Laura Taylor Swain also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. The opinion additionally cautioned that certain dismissals of prisoner actions can count as strikes under 28 U.S.C. § 1915(g).