Gage v. FCI Otisville Federal Correctional Institution

Background

Anwar L. Gage brought this civil action without a lawyer while incarcerated at FCI Fairton. He submitted an application to proceed without prepaying court fees, commonly called an application to proceed in forma pauperis, but he did not submit the required prisoner authorization.

Fee and authorization requirements

The order explained that a prisoner beginning a civil action must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or request permission to proceed without prepayment. If permission is granted, the Prison Litigation Reform Act requires collection of the $350 filing fee through installment deductions from the prisoner's account. The prisoner authorization permits those deductions and directs the facility to send certified account statements for the preceding six months. The order also noted that the $52 administrative fee does not apply to a person granted permission to proceed without prepayment.

Ruling and effect

The court ordered Gage, within 30 days, to either pay the $402 in fees or complete and submit the attached prisoner authorization, labeled with docket number 22-CV-7810 (LTS). No summons would issue at that time. If Gage complied, the case would be processed under the Clerk's Office procedures; if he did not comply within the allowed time, the action would be dismissed. The court also 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 cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a statutory strike affecting a prisoner's ability to proceed without prepaying fees in future federal civil actions.