Roker v. Twentieth Century Fox

Background

Damond J. Roker, Sr., also known as D.J. Roker, filed this civil action against Twentieth Century Fox and other defendants. The opinion states that Roker was incarcerated at the Northwest Correctional Complex in Tiptonville, Tennessee, and was representing himself.

Fee requirement

The court explained that a prisoner bringing a civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or request permission to proceed without paying fees upfront. To make that request, Roker had to submit a signed application and a prisoner authorization. If permission were granted, the Prison Litigation Reform Act would require the $350 filing fee to be collected in installments from his prison account. The authorization also directs the correctional facility to send the court certified copies of the prisoner’s account statements for the previous six months. The $50 administrative fee does not apply to a person granted this fee-waiver status.

Order

Because Roker submitted neither the fees nor completed forms, the court ordered him, within 30 days of the order, to pay the $400 or submit the application and prisoner authorization labeled with docket number 20-CV-5350 (CM). The Clerk was directed to mail him 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 Roker failed to comply within the allowed period.

Judge Colleen McMahon certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and therefore denied permission to appeal without prepaying fees. The order also cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a filing “strike” under 28 U.S.C. § 1915(g), potentially affecting a prisoner’s ability to proceed without prepaying fees in future cases.