Delice v. Rhymes N Dimes Brands

Background

Wisner Delice brought this civil action while incarcerated and represented himself. He submitted an application to proceed without prepaying court fees. The court explained that a prisoner seeking that permission must also submit a signed prisoner authorization.

Order

The prisoner authorization would direct the correctional facility to deduct the $350 filing fee from Delice's account in installments and send the court certified account statements for the previous six months. The court noted that the $50 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Within 30 days of the order, Delice had to either pay the full $400 in fees or submit the completed prisoner authorization labeled with docket number 20-CV-9352 (CM). The Clerk was directed to mail him a copy of the order and record service on the docket. No summons would issue at that time. If Delice complied, the case would be processed under the Clerk's procedures; if he did not comply within the allowed time, the action would be dismissed.

Appeal and warning

The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also cautioned that a later dismissal for frivolousness or failure to state a claim could count as a strike under the prisoner-litigation statute. The order did not address the merits of Delice's claims.