Weaver v. Department of Corrections

Background

Jonathan Weaver, who was incarcerated and represented himself, filed this civil action without paying the filing fees or submitting a completed application to proceed without paying fees upfront and a prisoner authorization. The opinion states that Weaver had originally filed the complaint with 49 other detainees, but a magistrate judge had severed the claims and directed the Clerk to open separate cases.

Payment or fee-waiver requirements

The court explained that a prisoner must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or request permission to proceed without prepaying fees. To make that request, Weaver had to submit a signed application and a prisoner authorization. The authorization would allow the $350 filing fee to be deducted from his account in installments and would require certified copies of his account statements for the previous six months.

The court ordered Weaver, within 30 days of the order, to either pay the $400 or submit the required application and authorization labeled with docket number 20-CV-9424 (CM). If he failed to comply within that period, the action would be dismissed. The order did not decide the underlying claims.

Court’s actions

Judge Colleen McMahon directed the Clerk to mail Weaver a copy of the order and record service on the docket. No summons would issue at that time. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees.