Turner v. Cimorelli

Background

Allah Justice E. Turner filed this civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees or the required prisoner authorization. The opinion states that Turner was detained at Orange County Jail and was proceeding without a lawyer.

Payment and filing requirements

The court explained that a prisoner bringing a civil action must either pay $400 in fees—$350 for the filing fee and $50 for the administrative fee—or request permission to proceed without prepayment. That request requires a signed application and a prisoner authorization.

If the court grants the application, the Prison Litigation Reform Act requires collection of the $350 filing fee through installment deductions from the prisoner's account. The authorization also directs the detention facility to send the court certified account statements covering the previous six months. The opinion notes that the $50 administrative fee does not apply to a person granted permission to proceed without prepayment.

Ruling and next steps

Chief Judge Colleen McMahon ordered Turner, within 30 days of the order, either to pay the $400 in fees or submit the application and prisoner authorization, labeled with docket number 20-CV-643 (CM). The Clerk was directed to mail Turner a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the action would be dismissed if Turner failed to comply within the allowed period.

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied payment-free filing status for an appeal. The order also 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), and that three such strikes generally prevent a prisoner from proceeding without prepaying fees unless the prisoner faces imminent danger of serious physical injury.