King v. Kevin

Background

Kejohna King filed this civil action without paying the filing fees and without submitting a completed application to proceed without prepaying fees or a prisoner authorization. The opinion states that King is incarcerated at Orange County Correctional Facility and is proceeding without a lawyer.

The court’s order

The court explained that a prisoner filing a civil action must either pay $405—consisting of a $350 filing fee and a $55 administrative fee—or request permission to proceed without prepaying fees. To request that status, King must submit a signed application and a prisoner authorization. If permission is granted, the $350 filing fee remains payable in installments deducted from the prison account; the $55 administrative fee does not apply to a person granted that status.

Within 30 days of the order, King must either pay the $405 or submit the application and authorization, labeled with docket number 24-CV-2949. The authorization must direct the correctional facility to deduct installment payments and provide certified copies of the prison account statements for the previous six months.

Disposition and effect

The court directed that no summons issue at that time. If King complies, the case will be processed under the Clerk’s Office procedures. If King does not comply within the allowed time, the action will be dismissed. The court also certified that an appeal from this order would not be taken in good faith and denied permission to appeal without prepaying fees. The order cautioned that certain future dismissals could count as strikes under the federal prisoner-litigation statute, but it did not make such a dismissal in this order.