Todd v. Colombos

Background

Lavelle Todd filed this civil action against A. Colombos, identified in the caption as a correctional officer. The order states that Todd was incarcerated at Clinton Correctional Facility and was proceeding without a lawyer. He submitted his complaint without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization.

Court’s Order

The court explained that a prisoner must either pay $402—the $350 filing fee and $52 administrative fee—or submit a signed application to proceed without prepaying fees and a prisoner authorization. If the court grants that application, the Prison Litigation Reform Act requires the $350 filing fee to be collected in installments from the prisoner’s account. The authorization also directs the correctional facility to make those deductions and provide certified account statements for the previous six months.

The court ordered Todd, within 30 days of the order, to pay the $402 or submit the required application and prisoner authorization, labeled with docket number 21-CV-5226. The Clerk of Court was directed to mail Todd a copy of the order and record service on the docket. No summons was to issue at that time. The court stated that the case would be processed under the Clerk’s procedures if Todd complied, but 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 any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order addressed filing requirements and the possible consequences of noncompliance; it did not resolve the merits of Todd’s claims.