McCollough v. Fields

Background

Michael McCollough, who was incarcerated at Fishkill Correctional Facility, filed this civil action without a lawyer. He submitted the complaint without paying the required fees and without a completed application to proceed without prepayment of fees or a prisoner authorization.

Payment or application requirement

The court explained that a prisoner filing a federal civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit the required forms to request permission to proceed without prepayment. If that permission is granted, the $350 filing fee must be collected in installments from the prisoner's trust account. The prisoner authorization also directs the facility to make those deductions and provide certified copies of the prisoner's trust-account statements for the previous six months. The court noted that the $50 administrative fee does not apply to a person granted permission to proceed without prepayment.

The order gave McCollough 30 days from the date of the order to pay the $400 or submit the completed application and prisoner authorization, labeled with the case's docket number. The Clerk was directed to mail him 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 McCollough complied and would be dismissed if he did not comply within the allowed time.

Appeal and effect of the order

The court certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also cautioned that certain dismissals of a prisoner's federal civil action or appeal count as strikes under 28 U.S.C. § 1915(g). This order addressed filing requirements and did not decide the merits of McCollough's claims. Judge Colleen McMahon signed the order.