Fredricks v. Whittingham

Background

Nigel Fredricks, who the opinion says is incarcerated at Auburn Correctional Facility, brought this civil action against Phillip Whittingham. Fredricks is proceeding without a lawyer. He submitted an application to proceed without prepaying filing fees, but he did not submit the separate prisoner authorization required for a prisoner seeking that status.

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 prepaying fees by submitting a signed application and a prisoner authorization. The authorization directs the correctional facility to deduct the $350 filing fee from the prisoner's account in installments and to provide the court with certified account statements for the previous six months. The $52 administrative fee does not apply to a person granted permission to proceed without prepaying fees.

The court ordered Fredricks, within 30 days of the order, either to pay the $402 or complete, sign, and submit the attached prisoner authorization, labeled with docket number 22-CV-4248 (LTS). The court stated that no summons would issue at that time. If Fredricks complied, the case would be processed under the Clerk's Office procedures; if he failed to comply within the allowed time, the action would be dismissed.

Additional Ruling and Effect

Judge Laura Taylor Swain 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 order did not address the merits of Fredricks's claims against Whittingham. It also cautioned that certain dismissals of prisoner actions can count as strikes under 28 U.S.C. § 1915(g).