Karelefsky v. Department of Corrections

Background

Matthew Karelefsky brought this civil action pro se, meaning without a lawyer, while incarcerated at the Vernon C. Bain Center. The opinion states that he filed the complaint with 49 other detainees and that the claims were later separated into individual cases. Karelefsky filed this case without paying the filing fees and without submitting a completed application to proceed without prepayment of fees or a prisoner authorization.

Payment or application requirement

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, the prisoner must submit a signed application and an authorization permitting installment deductions from the prisoner's account. The authorization also directs the facility to send the court certified account statements for the previous six months. If Karelefsky submits the forms, they must identify docket number 20-CV-9485 (CM).

Order

The court ordered Karelefsky to pay the $400 or submit the required forms within 30 days of the order. The Clerk of Court was directed to mail him a copy of the order and record service on the docket. No summons would issue at that time. The court stated that if Karelefsky failed to comply within the allowed period, the action would be dismissed without prejudice. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees. Judge Colleen McMahon signed the order.