Stubbs v. Orange County Jail Administration & Grievence Office

Background

Cornelius Stubbs, who was detained in the Orange County Jail, filed this civil action without a lawyer. He did not pay the required filing fees and did not submit a completed application to proceed without prepaying fees or the required prisoner authorization.

Fees and required filings

The court explained that filing a civil action required $402: a $350 filing fee and a $52 administrative fee. A prisoner who cannot prepay may request permission to proceed without prepayment by submitting a signed application and a prisoner authorization. If that request is granted, the $350 filing fee is collected in installments from the prisoner’s account. The $52 administrative fee does not apply to a person granted that status.

Order

The court ordered Stubbs, within 30 days of the order, to either pay the $402 in fees or complete, sign, and submit the application and prisoner authorization, labeled with docket number 21-CV-659 (CM). The Clerk was directed to mail the order to Stubbs and record service on the docket. No summons would issue at that time. The court stated that, if Stubbs 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 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 proceed without prepaying fees for purposes of an appeal. The court also warned that a later dismissal of a prisoner’s federal civil action as frivolous, malicious, or for failure to state a claim could count as a “strike” under 28 U.S.C. § 1915(g).

Judge

Judge Colleen McMahon signed the order as Chief United States District Judge.