Derti v. Barg

Background

Neser Derti, who was incarcerated at Elmira Correctional Facility and proceeding without a lawyer, filed this civil action against Sgt. Barg and other defendants. He submitted the complaint without paying the required fees and without completing an application to proceed without prepayment of fees or a prisoner authorization.

Fees and required forms

The court explained that a prisoner filing a civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application requesting permission to proceed without prepayment and a prisoner authorization. If that request is granted, the $350 filing fee is collected in installments from the prison trust-fund account. The authorization also directs the facility to deduct those payments and provide the court with certified account statements for the prior six months. The court noted that the $50 administrative fee does not apply to a person granted permission to proceed without prepayment.

Order

The court gave Derti 30 days from the date of the order to pay the $400 or submit the application and prisoner authorization. The documents were to identify docket number 19-CV-10215 (CM). The Clerk was directed to assign the matter to Judge McMahon’s docket, mail Derti a copy of the order, and note service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Derti complied and would be dismissed if he failed to comply within the allowed time.

The court also 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 appeal without prepaying fees. The order further cautioned that certain dismissals of a prisoner’s federal civil action can count as strikes under 28 U.S.C. § 1915(g), and that three strikes generally prevent a prisoner from proceeding without prepaying fees unless the prisoner faces imminent danger of serious physical injury.