Christman v. Department of Corrections

Background

Silviano Christman, who was incarcerated in the North Infirmary Command, filed the action without a lawyer. He submitted an application to proceed without prepaying court fees, commonly called an application to proceed without payment upfront, but he did not submit the required prisoner authorization.

Court’s Order

The court explained that a prisoner bringing a civil action must either pay $402—consisting of a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying fees. If that request is granted, 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 facility to deduct those payments and requires certified copies of the prisoner’s account statements for the preceding six months to be sent to the court.

The court ordered Christman, within 30 days of the order, to either pay the $402 in fees or complete and submit the attached prisoner authorization, labeled with docket number 21-CV-02730 (CM). The Clerk of Court was directed to mail Christman 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 Christman complied and that the action would be dismissed if he did not comply within the allowed time.

Appeal and Warning

Chief 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 order also warned that a prisoner may receive a statutory “strike” if an action is dismissed as frivolous or for failing to state a claim. After three such strikes, a prisoner generally cannot proceed without prepaying fees in a new action unless the prisoner faces imminent danger of serious physical injury.