Struthers v. Brann

Background

Eon Struthers, who was incarcerated at the time, brought this action without a lawyer. The complaint had originally been filed with complaints from 49 other detainees. The claims were later separated, and the Clerk’s Office opened a separate case for each plaintiff.

Struthers submitted the complaint without paying the filing fees and without submitting a completed application to proceed in forma pauperis, meaning without prepaying the fees, or a prisoner authorization. The order states that a prisoner must either pay $400—$350 for the filing fee and $50 for the administrative fee—or submit the application and authorization.

Court’s Order

The court gave Struthers 30 days from the date of the order to either pay the $400 in fees or submit the required application and prisoner authorization. The authorization would permit deductions from his account, in installments, toward the $350 filing fee and would require certified copies of his account statements for the preceding six months. The $50 administrative fee would not apply if the court granted his application to proceed without prepaying fees.

The court directed that any submitted forms identify docket number 20-CV-9412 (CM). It directed the Clerk of Court to mail the order to Struthers at two listed addresses and note service on the docket. No summons was to issue at that time.

Disposition

The order did not decide the underlying claims. It required Struthers to satisfy the fee or application requirements. If he failed to comply within the allowed time, the action would be dismissed without prejudice, meaning the order did not state that refiling would be barred.

The court also 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 order was issued by Chief United States District Judge Colleen McMahon.