Gamble v. Cort

Background

Kevin Gamble, who is incarcerated and proceeding without a lawyer, filed this civil action. He submitted an application to proceed without prepaying court fees, commonly called an application to proceed without paying fees upfront, but he did not submit the required prisoner authorization.

Court’s Order

The court explained that a prisoner must either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a signed application and prisoner authorization to proceed without prepaying fees. The authorization permits the facility holding the prisoner to deduct the $350 filing fee from the prisoner’s account in installments and to send the court certified account statements for the previous six months.

Within 30 days of the order, Gamble must either pay the $402 in fees or complete and submit the attached prisoner authorization labeled with docket number 23-CV-6443 (LTS). No summons will issue at this time. If Gamble complies, the case will be processed under the Clerk’s Office procedures. If he does not comply within the allowed time, the action will be dismissed.

Other Ruling and Judge

Judge Laura Taylor Swain certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order also cautioned that certain dismissals can count as strikes under the federal prisoner-litigation statute, and that three strikes generally limit a prisoner’s ability to file future federal civil actions without prepaying fees, subject to the statute’s imminent-danger exception.