Benner v. Neal

Background

Dylan Benner filed this civil action against Messiah Neal and Orange County Correctional. The opinion states that Benner is incarcerated at Orange County Correctional Facility and is proceeding without a lawyer. He submitted the complaint without paying the filing fees and without a completed application to proceed without prepaying fees or a prisoner authorization.

Court’s Order

The court ordered Benner, within 30 days of the order, to do one of two things:

1. Pay $405 in fees, consisting of a $350 filing fee and a $55 administrative fee; or 2. Submit a signed application to proceed without prepaying fees and a prisoner authorization.

If the court grants the application, the $350 filing fee must still be paid in installments deducted from Benner’s account. The $55 administrative fee does not apply to a person granted permission to proceed without prepaying fees. The prisoner authorization would direct the facility holding Benner to make the deductions and provide certified copies of his account statements for the previous six months.

The court directed that no summons be issued at that time. If Benner complies with the order, 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.

Appeal and Classification

Judge Laura Taylor Swain 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 addresses filing fees and permission to proceed without prepayment; it does not decide the underlying claims against the defendants.