Bradley v. Department of Corrections

Background

Carlos Bradley, who was incarcerated in the Vernon C. Bain Center, brought this civil action without a lawyer. The opinion states that Bradley originally filed the complaint with 49 other detainees. A magistrate judge severed the claims and directed the Clerk of Court to open separate cases for each plaintiff.

Filing-fee requirements

The court explained that a prisoner bringing a civil action must either pay $400 in fees—a $350 filing fee and a $50 administrative fee—or request permission to proceed without prepaying fees. That request is commonly called an application to proceed in forma pauperis, or IFP.

Because Bradley submitted neither the fees nor a completed IFP application and prisoner authorization, the court ordered him, within 30 days of the order, to choose one of two options: pay the $400 in fees, or submit the attached IFP application and prisoner authorization labeled with docket number 20-CV-9400 (CM). The authorization would allow the facility where Bradley was incarcerated to deduct the $350 filing fee from his account in installments and would require certified copies of his account statements for the previous six months.

Ruling and case status

Judge Colleen McMahon ordered the Clerk of Court to mail Bradley a copy of the order and note service on the docket. The court directed that no summons issue at that time. It stated that, if Bradley complied, the case would be processed under the Clerk’s Office procedures; if he did not comply within the allowed time, the action would be dismissed.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied IFP status for purposes of an appeal. The opinion separately cautioned that certain dismissals of a prisoner’s federal civil action can count as strikes under 28 U.S.C. § 1915(g), potentially limiting future fee-free filings after three strikes unless the prisoner faces imminent danger of serious physical injury.