Fredricks v. Mennin

Background

Nigel Fredricks, who was incarcerated at Auburn Correctional Facility, brought this action without a lawyer. He submitted the complaint without paying the required fees and without submitting a completed application to proceed without prepaying fees or the required prisoner authorization.

Court’s Order

The court explained that a prisoner must either pay $402 to file a civil action—consisting of a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepaying fees. To make that request, Fredricks had to submit a signed application and a prisoner authorization. If permission were granted, the $350 filing fee would be collected in installments from his prisoner account. The court noted that the $52 administrative fee does not apply to a person granted that permission.

The court ordered Fredricks, within 30 days of the order, to either pay the $402 or submit the application and prisoner authorization labeled with docket number 22-CV-5920. No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if Fredricks complied and that the action would be dismissed if he did not comply within the time allowed.

Appeal and Other Warnings

The court certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The court also cautioned that a later dismissal of a prisoner’s federal civil action as frivolous, malicious, or for failure to state a claim can count as a filing “strike,” and that three such strikes generally prevent a prisoner from proceeding without prepaying fees unless an imminent danger exception applies.

Disposition

Chief Judge Laura Taylor Swain directed Fredricks to pay the fees or submit the required application and authorization. The order did not decide the underlying claims against the defendants.