Girard v. Gutwein

Background

Chauncey T. Girard, who is incarcerated at Clinton Correctional Facility and is representing himself, filed this civil action. He submitted an application to proceed without paying court fees upfront, commonly called an IFP application, but did not submit the required prisoner authorization.

Required Payment or Authorization

The court explained that filing a civil action ordinarily requires $400: a $350 filing fee and a $50 administrative fee. A prisoner who receives permission to proceed without prepaying fees must still pay the $350 filing fee in installments from the prison account. The prisoner authorization permits the facility to deduct those installments and requires certified copies of the prisoner's account statements for the previous six months to be sent to the court.

The court ordered Girard, within 30 days of the order, either to pay the $400 in fees or complete and submit the prisoner authorization labeled with docket number 20-CV-5883 (CM).

Ruling and Effect

Chief Judge Colleen McMahon directed the Clerk of Court to mail Girard a copy of the order and record service on the docket. No summons would issue at that time. If Girard complied, the case would be processed under the Clerk's Office procedures; if he did not comply within the allowed period, the action would be dismissed.

The court certified 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 a later dismissal for frivolousness or failure to state a claim could count as a strike under the prisoner-filing statute, and that three strikes generally prevent a prisoner from proceeding without prepaying fees unless the prisoner faces imminent danger of serious physical injury.