Kenyatta Jr v. Gourick

Background

Charles Kenyatta Jr., who the opinion says is incarcerated at Lakeview Correctional Facility, brought this civil action without a lawyer. He submitted the complaint without paying the filing fees and without completing an application to proceed in forma pauperis, meaning without paying court fees in advance, or a required prisoner authorization.

Fees and Required Filings

The court explained that a prisoner 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. If the court grants the application, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner's account. The $55 administrative fee does not apply to a person granted this status.

The prisoner authorization also directs the facility holding the prisoner to provide certified account statements for the prior six months and to deduct the required payments from the prison account. The court directed Kenyatta to complete one of these two options within 30 days of the order. If he submits the application and authorization, he must label them with docket number 25-CV-6941 (LTS).

Ruling and Consequences

Chief United States District Judge Laura Taylor Swain ordered that no answer was required at that time. She stated that the case would be processed under the Clerk's Office procedures if Kenyatta complied with the order. If he failed to comply within the allowed time, the action would be dismissed. The court also certified that an appeal from the order would not be taken in good faith and denied payment without prepaying fees for purposes of an appeal. The opinion cautioned that certain future dismissals could count as strikes under the federal prisoner-litigation statute, potentially limiting a prisoner's ability to proceed without prepaying fees after three strikes.