Williams v. Department of Corrections

Background

The court had previously separated the claims of 27 plaintiffs, other than the plaintiff who remained in the pending related action, and directed the Clerk of Court to open a separate civil action for each plaintiff. The 27 plaintiffs were incarcerated and proceeding without lawyers. The Clerk opened the new actions and filed copies of the original complaint and the earlier order in each action.

Signature requirement

None of the 27 plaintiffs had signed the complaint that began the earlier action. Federal Rule of Civil Procedure 11(a) requires an unrepresented party to personally sign a pleading or other filing. The court therefore ordered each plaintiff to sign the attached complaint signature page with an original signature, write the docket number for that plaintiff’s newly opened case on the page, and submit the page within 30 days of the order. The court required one signature page from each plaintiff. It stated that failure to comply within the allowed time would result in dismissal of that plaintiff’s action.

Fees or request to proceed without prepayment

The court explained that a prisoner bringing a civil action must either pay $405 in fees or request permission to proceed without prepaying the fees. The $405 consists of a $350 filing fee and a $55 administrative fee. To make that request, each plaintiff had to complete, sign, and submit an application to proceed without prepayment and a prisoner authorization.

The court explained that, if permission is granted, the $350 filing fee must be collected in installments from the prisoner’s facility trust-fund account. The prisoner authorization permits those deductions and requires submission of certified account statements for the previous six months. The $55 administrative fee does not apply to a person granted permission to proceed without prepayment.

None of the 27 plaintiffs had paid the fees or submitted the required forms. The court ordered each plaintiff, within 30 days of the order, to do one or the other. The forms had to identify the docket number for the plaintiff’s corresponding action. The court again stated that failure to comply would result in dismissal of that plaintiff’s action.

Disposition

Judge Laura Taylor Swain directed each of the 27 plaintiffs to comply with the signature and payment-or-application requirements within 30 days. The court did not rule on the merits of any plaintiff’s claims. It 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 proceed without prepaying fees for an appeal. The court also cautioned that a later dismissal for maliciousness, frivolousness, or failure to state a claim could count as a statutory “strike” under 28 U.S.C. § 1915(g).