Elliott v. Doe

Background

Devon Elliott filed a civil action against Doe while incarcerated at Otis Bantum Correction Center. Elliott is representing himself. He submitted the complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Court’s Order

The court explained that a prisoner must either pay $405—$350 for the filing fee and $55 for the administrative fee—or request permission to proceed without prepaying fees. A prisoner granted that permission still must pay the $350 filing fee in installments deducted from the prisoner’s account. The prisoner authorization directs the facility to make those deductions and provide certified account statements for the preceding six months.

The court ordered Elliott to take one of those two steps within 30 days of the order. If he submits the application and authorization, he must label them with docket number 25-CV-6785 (LTS). No answer was required at that time. The court stated that the case would be processed under the Clerk’s Office procedures if Elliott complied and would be dismissed if he did not comply within the allowed time.

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 cautioned that a future dismissal of a prisoner’s federal civil action or appeal as frivolous, malicious, or failing to state a claim may count as a strike under the prisoner-filing statute. After three strikes, a prisoner generally cannot proceed without prepaying fees in new federal civil actions unless the prisoner faces an imminent danger of serious physical injury.

Disposition

This order addressed filing fees and required forms, not the underlying claims. Judge Laura Taylor Swain ordered Elliott to pay the fees or submit the required application and authorization within 30 days; the order did not dismiss the action at that time.