Kruppenbacher v. Bellamy

Background

Joseph Kruppenbacher, who was incarcerated at Clinton Correctional Facility, filed this civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization. The complaint names Anthony J. Annucci, Karen Bellamy, Thomas R. Griffin, Emily Y. Williams, Leslie R. Carey, Mary N. Ashong, Barry A. Stevens, Williams A. Steven, and John Doe #1 as defendants. Kruppenbacher was representing himself.

Payment or fee-waiver requirements

The court explained that a prisoner filing a civil action must either pay $400 in fees or request permission to proceed without prepaying fees. The $400 consists of a $350 filing fee and a $50 administrative fee. If the court grants the fee-waiver application, the $350 filing fee must be collected in installments from the prisoner’s prison trust-fund account; the $50 administrative fee does not apply to a person granted that status. The prisoner must also authorize the withdrawals and provide certified account statements for the previous six months.

The court ordered Kruppenbacher, within 30 days of the order, to either pay the $400 or submit the attached application and prisoner-authorization forms. The forms were to identify docket number 20-CV-0107 (CM). The court directed the Clerk to mail him a copy of the order and note service on the docket.

Ruling and effect

The court did not issue a summons at that time. It stated that, if Kruppenbacher complied, the Clerk’s Office would process the case under its procedures. If he did not comply within the allowed time, the court would dismiss the action.

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 additionally cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a strike under 28 U.S.C. § 1915(g).