Kee v. United States

Background

Charles Michael Kee, who was incarcerated at the Edgefield Federal Correctional Institution and proceeded without a lawyer, filed a civil action against the United States. The opinion does not state what claims Kee asserted or describe the underlying dispute.

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 apply to proceed without prepaying fees and costs. The court also explained that, even if the application is granted, the $350 filing fee must be collected in installments from the prisoner's trust-fund account under the Prison Litigation Reform Act.

Kee submitted his pleading without the required fees, a completed application to proceed without prepaying fees, or a prisoner authorization. The authorization would permit the facility holding him to deduct filing-fee payments from his prison account and provide certified account statements for the preceding six months.

Ruling

Judge Denise Cote ordered Kee, within 30 days of the order, to either pay the $400 in fees or submit the required application and prisoner-authorization forms. The court directed that any forms be labeled with docket number 20-CV-1840 (DLC).

The Clerk of Court was directed to mail Kee a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that, if Kee complied, the case would be processed under the Clerk's procedures; if he failed to comply within the allowed time, the court would dismiss the action.

The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order additionally warned that a later dismissal for maliciousness, frivolousness, or failure to state a claim could count as a filing "strike" under the applicable statute.