Simon v. Federal Prison Industries Inc.

Background

Charles Simon sued Federal Prison Industries Inc. and Steve Schwalb, identified in the caption as the chief operating officer of Federal Prison Industries. Simon filed the complaint without paying the required fees and without submitting an application to proceed without prepaying fees. The opinion states that Simon brought the action without a lawyer.

Order

The court explained that a civil action ordinarily requires $402 in fees: a $350 filing fee and a $52 administrative fee. A plaintiff who cannot prepay may request permission to proceed without prepayment by submitting a signed application.

The court ordered Simon to pay the $402 or submit the attached application within 30 days of the order. If Simon submitted the application and the court granted it, he would be allowed to proceed without prepaying the fees. No summons would issue at that time. The order stated that the case would be processed under the Clerk's Office procedures if Simon complied, and that the action would be dismissed if he did not comply within the allowed time.

Appeal

The court 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 was signed by Chief United States District Judge Laura Taylor Swain.