Evans v. Juste

Background James Earl Evans, Sr., who was incarcerated at Orange County Jail, filed this civil action without a lawyer. He submitted the complaint without paying the filing fees and without completing an application to proceed without prepaying fees or the required prisoner authorization.

Fees and required forms The court explained that a prisoner must either pay $402—consisting of a $350 filing fee and a $52 administrative fee—or submit a signed application to proceed in forma pauperis (without prepaying fees) and a prisoner authorization. If the court grants that application, the $350 filing fee is collected in installments from the prisoner's account. The authorization also directs the facility to make those deductions and provide certified account statements for the preceding six months. The $52 administrative fee does not apply to a person granted this status.

Order Within 30 days of the order, Evans had to pay the $402 or submit the application and authorization, labeled with docket number 22-CV-9767. No answer was required from the defendants at that time. The court stated that the case would be processed under the Clerk's Office procedures if Evans complied and would be dismissed if he failed to comply within the allowed time.

Judge Laura Taylor Swain 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 proceed without prepaying fees for an appeal. The order cautioned that a later dismissal for frivolousness, maliciousness, or failure to state a claim could count as a strike under 28 U.S.C. § 1915(g), affecting a prisoner's ability to proceed without prepaying fees after three strikes, subject to the statutory exception for imminent danger of serious physical injury.