Molina v. Department of Corrections

Background

Luis Molina filed a civil action while incarcerated and represented himself. The opinion states that he filed the complaint with 49 other detainees, and that a magistrate judge later severed the claims and directed the Clerk of Court to open separate cases. Molina submitted his complaint without paying the required fees and without completing an application to proceed without prepaying fees or a prisoner authorization.

Order

The court explained that a prisoner filing a civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court grants that application, the $350 filing fee must be collected in installments from the prisoner's account. The authorization also directs the correctional facility to deduct those payments and provide certified account statements for the previous six months.

The court ordered Molina, within 30 days of the order, to pay the $400 or submit the completed application and authorization labeled with docket number 20-CV-9483 (CM). The Clerk was directed to mail him the order and note service on the docket. No summons would issue at that time. If Molina 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.

Appeal and effect

Judge Colleen McMahon certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The opinion does not decide the merits of Molina's claims. It also cautioned that certain dismissals of prisoner civil actions can count as strikes under the Prison Litigation Reform Act, potentially affecting later requests to proceed without prepaying fees.