Ferreira v. Doe

Background

Nelson Ferreira filed this civil action without paying the filing fees and without submitting a completed application to proceed in forma pauperis (without prepaying fees) or a prisoner authorization. The opinion states that Ferreira was incarcerated at Bare Hill Correctional Facility and was representing himself.

Fees and required filings

The court explained that a prisoner must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying fees. If that request is granted, the $350 filing fee is collected in installments from the prisoner’s account. The prisoner authorization directs the correctional facility to make those deductions and provide certified account statements for the previous six months.

Order

The court ordered Ferreira to pay the $402 or submit the application and prisoner authorization within 30 days of the order. The documents were to identify docket number 20-CV-10587 (CM). The Clerk was directed to mail the order to Ferreira and record service on the docket. No summons would issue at that time. If Ferreira 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.

Appeal and effect

Judge Colleen McMahon 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 proceed without prepaying fees for an appeal. The order did not decide the merits of Ferreira’s claims. It also cautioned that certain future dismissals of prisoner civil actions could count as strikes under 28 U.S.C. § 1915(g).