Shelby v. Petreucci

Background

July Justine Shelby filed a civil action while incarcerated at F.C.I. Otisville and without a lawyer. She submitted the complaint without a prisoner authorization and submitted an application to proceed without prepaying court fees that was captioned for another court.

Court’s directives

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. If permission to proceed without prepaying fees is granted, the $350 filing fee must be collected in installments from the prisoner’s account. The authorization also directs the prison to provide certified account statements for the previous six months. The $52 administrative fee does not apply to a person granted that status.

The court ordered Shelby, within 30 days of the order, to pay the $402 or submit the attached application and prisoner authorization forms labeled with docket number 23-CV-4315. No summons would issue at that time. If Shelby complied, the case would be processed under the Clerk’s Office procedures; if she failed to comply within the permitted time, the action would be dismissed.

Ruling and additional points

Judge Laura Taylor Swain issued an order directing payment of the fee or submission of the proper forms. The court certified 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 court also cautioned that a later dismissal for frivolousness or failure to state a claim could count as a strike under the prisoner litigation statute, and that three strikes generally limit a prisoner’s ability to proceed without prepaying fees unless the prisoner faces imminent danger of serious physical injury.