Bodoh v. Smith, Jr.

Background

Jacob Isaiah Bodoh, who was incarcerated at Sullivan County Jail, brought this civil action without a lawyer. He submitted an application to proceed without prepaying court fees, but he did not submit the required prisoner authorization.

Under the cited federal statutes, a prisoner seeking to proceed without prepaying fees must submit both the fee application and an authorization directing the correctional facility to deduct the filing fee from the prisoner's account in installments. The authorization also directs the facility to provide certified copies of the prisoner's account statements for the prior six months. The order explained that the total fees were $400: a $350 filing fee and a $50 administrative fee. It also explained that the administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Order

The court ordered Bodoh, within 30 days of the order, to either pay the $400 in fees or complete and submit the prisoner authorization labeled with docket number 20-CV-8593 (CM). The Clerk of Court was directed to mail Bodoh a copy of the order and record service on the docket. No summons was to issue at that time.

The order stated that, if Bodoh complied, the case would be processed under the Clerk's Office procedures. If he failed to comply within the allowed time, the action would be dismissed. The order did not decide the merits of Bodoh's claims.

Appeal and Warning

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 denied permission to appeal without prepaying fees. The court also cautioned that a later dismissal of a prisoner's action as frivolous, malicious, or for failure to state a claim could count as a strike under 28 U.S.C. § 1915(g). After three such strikes, a prisoner generally cannot proceed without prepaying fees unless the prisoner faces imminent danger of serious physical injury.