Fernandez v. Bourhill

Background

Jeffrey Fernandez filed this civil action while incarcerated at Mohawk Correctional Facility and represented himself. The complaint was submitted without the required filing fees, a completed application to proceed without prepaying fees, or a prisoner authorization.

Court’s order

The court explained that a prisoner filing a civil action must either pay $400 in fees—the $350 filing fee and $50 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court grants that application, the $350 filing fee must be collected in installments from the prisoner’s account. The authorization also directs the correctional facility to deduct those payments and provide certified account statements for the preceding six months.

The court ordered Fernandez, within 30 days of the order, to pay the $400 or submit the required application and authorization. The forms were to identify docket number 20-CV-3404 (CM). The Clerk of Court was directed to mail Fernandez a copy of the order and record service on the docket. No summons would issue at that time. The order stated that the case would be processed under the Clerk’s procedures if Fernandez complied and would be dismissed if he did not comply within the allowed time.

Appeal and warning

Chief Judge Colleen McMahon certified that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also cautioned that a later dismissal for frivolousness or failure to state a claim could count as a qualifying dismissal under the prisoner litigation statute, potentially limiting a prisoner’s ability to file future actions without prepaying fees unless facing imminent danger of serious physical injury.