DuBose v. Nedd

Background

Tyrek DuBose filed this civil action while incarcerated at Otis Bantum Correctional Center and representing himself. He submitted the complaint with a prisoner authorization but did not submit a completed application to proceed without prepaying fees.

Order

The court directed DuBose, within 30 days of the order, to do one of two things: pay $405 in filing fees, consisting of a $350 filing fee and a $55 administrative fee, or submit the attached application to proceed without prepaying fees. If the court grants the application, the Prison Litigation Reform Act requires collection of the $350 filing fee through installments deducted from DuBose’s account. The $55 administrative fee does not apply to a person granted this status.

No summons will issue at this time. If DuBose complies, the Clerk’s Office will process the case under its procedures. If he does not comply within the allowed time, the action will be dismissed.

Appeal and Additional Warning

The court certified that any appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also warned that certain dismissals of a prisoner’s federal action or appeal count as strikes under the applicable statute, and that three strikes generally prevent a prisoner from proceeding without prepaying fees unless the prisoner faces imminent danger of serious physical injury.

Judge’s Action

Chief United States District Judge Laura Taylor Swain issued and signed the order. The order concerns payment or fee-waiver procedures; it does not rule on the merits of DuBose’s claims.