Fulton v. Capra

Background

Alvin Fulton, who was incarcerated at Greene Correctional Facility and proceeding without a lawyer, filed this civil action against Michael Capra and other defendants. Fulton submitted an application to proceed without prepayment of fees, commonly called an application to proceed in forma pauperis, but did not submit the required prisoner authorization.

Fee and Authorization Requirements

The court explained that a prisoner bringing a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying the fees. If the court grants that request, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner's account. The prisoner authorization permits the correctional facility to deduct those payments and requires certified account statements for the previous six months to be sent to the court. The $52 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

Order

The court ordered Fulton to do one of two things within 30 days of the order: pay the $402 in fees or submit the attached prisoner authorization labeled with docket number 21-CV-0339 (CM). The Clerk was directed to mail Fulton a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the action would be processed under the Clerk's procedures if Fulton complied and would be dismissed if he failed to comply within the allowed time.

Chief United States District 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 appeal without prepaying fees. The court also cautioned that a later dismissal for frivolousness or failure to state a claim could count as a statutory “strike” under 28 U.S.C. § 1915(g), which can limit a prisoner's ability to proceed without prepaying fees in future cases.