Croskey v. United States of America

Background

Nathaniel Croskey brought this civil action without a lawyer. The opinion states that he was detained at Essex County Correctional Facility in Newark, New Jersey. He submitted an application to proceed without prepaying filing fees, but he did not submit the required prisoner authorization.

Court’s Order

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 prepayment by submitting both a signed application and a prisoner authorization. If the court grants the application, the $350 filing fee is collected in installments from the prisoner’s account under the Prison Litigation Reform Act. The authorization also directs the correctional facility to make those deductions and provide certified copies of the prisoner’s account statements for the previous six months.

The court ordered Croskey, within 30 days of the order, to either pay the $402 or complete and submit the attached prisoner authorization labeled with docket number 21-CV-4483. 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. The court stated that the case would be processed under the Clerk’s Office procedures if Croskey complied, and that the action would be dismissed if he did not comply within the allowed time.

Other Ruling and Effect

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 an appeal. The order did not rule on the merits of Croskey’s claims. It also cautioned that a future dismissal of a prisoner’s federal civil action as frivolous, malicious, or for failure to state a claim can count as a qualifying dismissal, or “strike,” under 28 U.S.C. § 1915(g).