Ortiz v. Department of Corrections

Background

Juan Ortiz brought this action without a lawyer. The opinion states that he was being held in the Vernon C. Bain Center. He had been listed as a plaintiff in an amended complaint in a prior related proceeding, but he had not paid the fees for a federal civil action, submitted a completed application to proceed without prepaying fees, submitted a prisoner authorization, or signed the amended complaint. A magistrate judge had separated the claims of 13 prisoners into individual actions, and Ortiz’s claims proceeded under this docket number.

Fees and required documents

The court explained that a prisoner must either pay $400 in filing and administrative fees or request permission to proceed without prepaying fees by submitting a signed application and prisoner authorization. If that request is granted, the $350 filing fee is collected in installments from the prisoner’s account. The $50 administrative fee does not apply to a person granted that status.

Within 30 days, Ortiz had to either pay the $400 or complete, sign, and submit the required application and prisoner authorization. He also had to complete, sign, and submit a declaration form to correct his failure to sign the complaint. The court explained that a pleading filed by an unrepresented party must bear that party’s personal signature.

Disposition

Judge Colleen McMahon directed the Clerk of Court to mail Ortiz a copy of the order and record service on the docket. No summons would issue at that time. If Ortiz complied within the 30-day period, the action would be processed under the Clerk’s procedures. If he failed to comply, the action would be dismissed. The court also certified that an appeal would not be taken in good faith and denied permission to appeal without prepaying fees.